Agenda item

The Director of Neighbourhood and Environmental Services submits the report on an application for a review of an existing premises licence: Pi Bar, 1 Norman Street, Leicester, LE3 0BA

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 454 6354.

(Wards affected: Westcotes)

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 PI Bar, 1 Norman Street, Leicester LE3 0BA.

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.

Mr Hodgson the Premises Licence Holder (PLH), two Noise Team officers, the Chief Licensing Officer and the Solicitor to the sub-committee were present.

Also in attendance was a reporter from the Leicester Mercury.

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

The Chief Licensing Officer presented the report. It was noted that an application for the review of an existing premises licence had been received from the Noise Team on 2^nd May 2018 which was made on the grounds of the prevention of public nuisance. Concerns were raised that there had been a number of complaints from nearby residents since September 2017 regarding loud music from live bands and noise nuisance from live bands had been witnessed on four separate occasions by the Noise Team.

An officer from the Noise Team outlined the reasons for the application for the review of an existing premises licence and informed the sub-committee that the Noise Team were seeking removal of “Live Music” as a licensable activity from the existing licence.

Mr Hodgson the PLH 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 final comments.

Prior to the sub-committee considering the application the Solicitor 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 Chief Licensing Officer, the Solicitor to the sub-committee, the Noise Team officers, Mr Hodgson the PLH and the press withdrew from the meeting.

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

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

The Chief Licensing Officer, the Noise Team officers, Mr Hodgson the PLH and the press then returned to the meeting.

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

RESOLVED:

That Live Music be excluded as a licensable activity from the scope of the licence.

In reaching their decision the sub-committee commented that they had been asked to determine an application for a review of a premises licence at PI Bar, 1 Norman St, Leicester. When considering this matter the licensing objectives were of paramount concern. The sub-committee had considered this case on its own merits and in accordance with the licensing authority’s statement of licensing policy and guidance issued under s 182 of the Licensing Act 2003.

The application was made by the Noise Team at Leicester City Council under s51 of the Licensing Act 2003 on the ground of the prevention of public nuisance.

The Noise Team had received a number of complaints from nearby residents since September 2017 regarding loud music coming from the premises from live bands. The Noise Team had also witnessed this nuisance on 4 separate occasions between January 2018 and April 2018.

After hearing the views of the Noise Team and the proprietor and taking into consideration the non-suitability of a noise limiter the sub-committee were agreed that they had no alternative but to remove Live Music from the licence to uphold the licensing objectives in particular public nuisance.