Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a review of an existing premises licence for Fountain Public House, 52 Humberstone Gate, Leicester, LE1 1WB.

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.Cabinet.leicester.gov.uk or by telephoning Democratic Support on 0116 4546369.

(Wards Affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine an application for a review of an existing premises licence for Fountain Public House, 52 Humberstone Gate, Leicester LE1 1WB.

The sub-committee noted that an application for a review of an existing premises licence had been received which necessitated that the application had to be considered by the sub-committee.

PC Jon Webb from Leicestershire Police (applicant), Mr Antony Foster representee on behalf of Age UK, Mrs Anne Brennan the Premises Licence Holder (PLH), Mr Adam Munday representee, Mr David Hodgkinson representee, Mrs Diane Taylor representee, Mr John Cooper representee, Mr Morris Taylor representee, Ms Cathryn Bryan-Dooher representee and Mr Nigel Jacobs representee were present.

Mr David Hodgkinson was nominated speaker on behalf of Mrs Anne Brennan PLH and representees supporting the premises.

The Licensing Team Manager and the Legal adviser to the sub-committee were also present.

Also in attendance were members of the public and a reporter from the Leicester Mercury.

Introductions were made and the procedure for the meeting was outlined to those present.

The Licensing Team Manager presented the report. It was noted that an application for the review of an existing premises licence had been received from Leicestershire Police on 24^th August 2017 which was made on the grounds of the prevention of crime and disorder. Concerns were raised that there had been a number if incidences of stolen goods being sold on the premises. Sixteen representations were received during the representation period in support of the premises. One representation was received on 1^st September 2017 from Age UK related to the prevention of public nuisance with concerns that they were being subjected to noise and smoke nuisance from customers at the Fountain.

The sub-committee were advised that not all representees were present today and the sub-committee confirmed they had read the written representations submitted.

PC Jon Webb from Leicestershire Police outlined the reasons for the application for the review of an existing premises licence. PC Jon Webb advised that CCTV was available and requested that the press and public be excluded from the hearing whilst the CCTV footage from the premises was shown as it was likely that exempt information would be disclosed during representations to the sub-committee.

The sub-committee were satisfied that the press and public (except representees) should be excluded from the hearing whilst CCTV was played.

RESOLVED:

that the press and public be excluded from the hearing whilst CCTV was played in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involved the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all the circumstances into account, it was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Paragraph 1 - Information relating to an individual.

Paragraph 2 - Information likely to reveal the identity of an individual.

IN PRIVATE SESSION

The CCTV footage from the premises was played.

RESUMED IN OPEN SESSION

PC Jon Webb informed the sub-committee of the conditions that the Leicestershire Police would seek to be added to the existing licence and responded to questions of the sub-committee and representees.

Mr Antony Foster on behalf of Age UK was then given the opportunity to outline the reasons for his representation and answered questions from the sub-committee.

Mr David Hodgkinson on behalf of the PLH and the representees supporting the premises was then given the opportunity to respond to the application for the review of the licence and answered questions from the sub-committee.

All parties were then given the opportunity to sum up their positions and make any final comments.

Prior to the sub-committee considering the application the Legal adviser to the sub-committee advised them of the options available to them in making a decision and the relevant policy and statutory guidance that needed to be taken into account when making their decision.

In reaching their decision, the sub-committee felt they should deliberate in private on the basis that this was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present.

The Licensing Team Manager, the Legal Adviser to the sub-committee, PC Jon Webb, Mr Antony Foster on behalf of Age UK, Mrs Anne Brennan PLH, Mr Adam Munday representee, Mr David Hodgkinson representee, Mrs Diane Taylor representee, Mr John Cooper representee, Mr Morris Taylor representee, Ms Cathryn Bryan-Dooher representee, Mr Nigel Jacobs representee, members of the public and a reporter from the Leicester Mercury withdrew from the meeting.

The sub-committee then gave the application full and detailed consideration.

The Legal Adviser to the sub-committee was then recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, PC Jon Webb, Mr Antony Foster on behalf of Age UK, Mrs Anne Brennan PLH, Mr Adam Munday representee, Mr David Hodgkinson representee, Mrs Diane Taylor representee, Mr John Cooper representee, Mr Morris Taylor representee, Ms Cathryn Bryan-Dooher representee, Mr Nigel Jacobs representee, members of the public and a reporter from the Leicester Mercury returned to the meeting.

The Chair informed all persons present that they had recalled the Legal Adviser to the sub-committee for advice on the wording of their decision.

RESOLVED

1.     That the condition regarding CCTV be removed from the existing premises licence for Fountain Public House, 52 Humberstone Gate, Leicester LE1 1WB,

2.     That the conditions of the existing premises licence for Fountain Public House, 52 Humberstone Gate, Leicester LE1 1WB be modified to add 7 conditions requested by the Police and subject to amendment as follows:

                                                         i.          The licence holder shall ensure that a CCTV system is installed following advice from Leicestershire Police and maintained in accordance with the Commissioners Codes of Practice. The system must record at all times and images must be retained for a period of 31 days,

                                                        ii.          The licence holder must ensure there is always a member of staff present who is able to operate the CCTV system and provide images to the Police and Responsible Authorities on request,

                                                      iii.          The licence holder shall maintain an incident book to record all incidents at the premises of crime and disorder, damage to property and personal injury,

                                                      iv.          All staff, whether paid or unpaid shall report to the police any incidents of people selling or trying to sell items to staff or customers which a normal person may perceive to be stolen. This must be at the time the alleged sale takes place or as soon as operationally possible,

                                                       v.          The licence holder shall ensure that all staff, paid or unpaid, receive training twice a year relating to Responsible Alcohol Retailing and the Licensing Act 2003. The training to be documented and signed for at the time by both the trainer and trainee and such records to be retained for 2 years,

                                                      vi.          The licence holder shall ensure that there is always a personal licence holder on duty at the premises,

                                                    vii.          Both sets of fire exit doors that exit onto HILL STREET shall be secured at all times with a Fire Exit Security Seal.

In reaching their decision the sub-committee commented that they had listened carefully to the applicant and considered carefully the written and verbal representations and decided to remove the condition regarding CCTV from the original licence and replace that with the conditions proposed by the police (set out as “a to h” in their application) subject to condition h being amended to refer to both sets of fire doors. The sub-committee felt the addition of these conditions would go a long way to alleviating the problems and would address the licensing objectives of preventing crime and disorder and preventing public nuisance.