Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence within a Cumulative Impact Zone for Candle Rooms, 25 Gravel Street, Leicester LE1 3AG.

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 4546358.

(Wards Affected: Castle)

Additional Information provided by Applicant

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine an application for a new premises licence within a cumulative impact zone: Candle Rooms, 25 Gravel Street, Leicester LE1 3AG.

The sub-committee noted that a representation had been received that necessitated that the application for a new premises licence within a cumulative impact zone had to be considered by the sub-committee.

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

The applicant Mr Madlani, the applicant’s representative Councillor Kitterick, PC Jon Webb and Mr Rixon from Leicestershire Police, the Licensing Team Manager and the Legal Advisor to the sub-committee were present.

Also present was a reported from the Leicester Mercury.

The Chair agreed to a change in the procedural order of the hearing on the basis of there being no objection, to allow the applicants representative’ request to outline the applicant’s reasons for making the application before hearing the Leicestershire Police representation to enable him to leave the meeting early.

The Licensing Team Manager presented the report. It was noted that a representation had been received from Leicestershire Police on 20^th October 2017 the grounds of preventing crime and disorder, preventing public nuisance and public safety. There were concerns that the application made no reference to the Cumulative Impact Zone and that the granting of a licence would add to the existing late night issues in the City centre.

The applicant’s representative Councillor Kitterick outlined the reasons for the application, referred to the additional information that had been submitted on behalf of the applicant and responded to questions from the sub-committee.

The applicant’s representative Councillor Kitterick left the meeting at this point.

PC Jon Webb from Leicestershire Police was then given the opportunity to outline the reasons for the representation and responded to questions from the sub-committee.

Both 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 Advisor to the sub-committee advised of the options available to them in making a decision. The sub-committee were also advised of 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 that they should deliberate in private on the basis that his was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present, in accordance with the provisions of the Licensing Act 2003 (Hearings) Regulations 2005.

The applicant Mr Madlani, PC Jon Webb and Mr Rixon from Leicestershire Police, the Licensing Team Manager and the Legal Advisor to the sub-committee withdrew from the meeting.

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

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

The applicant Mr Madlani, PC Jon Webb and Mr Rixon from Leicestershire Police, the Licensing Team Manager then returned to the meeting.

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

RESOLVED:

                    That the application for a new premises licence within a cumulative impact zone for Candle Rooms, 25 Gravel Street, Leicester LE1 3AG be refused.

In reaching their decisions the sub-committee commented that they had approached this application on its own merits and taken into consideration all the representations made before them. However the sub-committee concluded that the applicant had failed to demonstrate that there would be no impact on the cumulative impact zone if the premises were to be licensed. The sub-committee felt that the application had not assured them that there would be sufficient or adequate conditions that would uphold the four licensing objectives in particular the impact on crime and disorder and public safety within this cumulative impact zone and therefore the application was refused