Agenda item

The Director of Neighbourhood and Environmental Services submits the report on an application for a review of an existing premises licence: Bombay Night Dance Bar, 32 Belgrave Road, Leicester, LE4 5AS.

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: Belgrave)

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 Bombay Night Dance Bar, 32 Belgrave Road, Leicester, LE4 5AS.

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

Mr Vijay Chabra was present with a legal representative. Mr David Braithwaite and PC Martin Rawlings were present for Leicestershire Police. The Chief Licensing Officer, Licensing Team Manager and Legal Representative to the Sub Committee were also present.

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

It was noted that the Police had produced additional information. The Sub-Committee therefore had to make a decision to accept or reject the additional information, or to adjourn the meeting to allow all parties to view the additional information.

Mr Braithwaite informed the meeting that the additional information available had been requested by the legal representative for the applicant. The request was directed via the Freedom of Information department, who had provided the information to Mr Braithwaite at 4.30pm on Thursday 28 February 2019. Mr Braithwaite added the case for the Police relied on all occurrences outlined in the information and they wanted to submit the document as additional information.

The legal representative on behalf of the licensee said the incident reports should have been submitted with the application for the review on 4 January 2019, along with relevant CCTV footage. She added that incident reports were fundamental and allowed the licence holder to present evidence on the back of the information presented by the Police, and that it would not be possible to go through the document thoroughly before the meeting. It was argued that the Committee should not allow the Police to rely on the additional information as this would put the premises licence holder at a significant disadvantage and thereby infringe Article 6 of the Human Rights Act 1998, the right to a fair trial.

The legal representative for the applicant also stated the CCTV footage should not be viewed at the meeting as there had been no opportunity for the applicant or legal representative to view the footage and be able to respond.

Members received legal advice from the Legal Adviser to the Sub-Committee who 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 on whether to accept or reject the additional information or adjourn the meeting. It was further suggested the Police needed to clarify the nature of the application.

Mr Braithwaite reiterated the Police needed to serve the information as it provided background information to the original representation, including crime numbers and incidents, and the documentation further evidenced the case of what had been happening in the area and at the premises.

The legal representative on behalf of the licensee requested the meeting continue and not be adjourned.

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 applicant Mr Chabra and his legal representative, Mr Braithwaite, PC Rawlings, the Chief Licensing Officer, Licensing Team Manager and Legal Adviser to the Sub-Committee then withdrew from the meeting.

The Sub-Committee then considered the additional points before reaching a decision. The Legal Adviser to the Sub-Committee was recalled to the meeting to advise Members on the wording of their decision.

The applicant Mr Chabra and his legal representative, Mr Braithwaite, PC Rawlings, the Chief Licensing Officer, and Licensing Team Manager then returned to the meeting.

Those present were informed the Legal Adviser to the Sub-Committee was recalled to advise Members on the wording of the decision.

RESOLVED:

That the Licensing Hearing Sub-meeting be adjourned to the 20^th March, 9.30am.

REASON FOR THE DECISION.

Members believed that it was appropriate for the additional information from the Police to be introduced to provide a fair hearing.

The Sub-Committee considered what had been said by both parties, and believed it was right the Police be allowed to rely on the information as it supported the representations already made, and they believed it was right and proper for Mr Chabra and his legal representative to have the opportunity to go through the information and be allowed to respond to the Police.

The Sub-Committee added it was important for Mr Chabra and his legal representative to have the opportunity to view the CCTV footage and respond to it, and that any technical difficulties be ironed out immediately following the meeting today.

The case was adjourned to 20^th March at 9.30am.