Agenda and minutes

Hearing Under the Licensing Act 2003 - Tuesday, 28 September 2010 9:00 am

Venue: THE COUNCIL CHAMBER - FIRST FLOOR, TOWN HALL, TOWN HALL SQUARE, LEICESTER

Contact: Julie Harget 

Items
No. Item

1.

APPOINTMENT OF CHAIR

Minutes:

RESOLVED:

that Councillor Byrne be appointed as Chair for the meeting.

2.

APOLOGIES

Minutes:

Apologies were received from Councillor Lloyd-Harris.

3.

DECLARATIONS OF INTEREST

Members are asked to declare any interests they may have in the business on the agenda.

Minutes:

Members were asked to declare any interest they may have in the business on the agenda.

 

Councillor Byrne declared that in respect of the application for a review of an existing premises licence for Bulls Head, 6 Bath Street, Leicester LE4 7QD, she had visited the premises several years ago and had an open mind on the application.

4.

APPLICATION FOR A REVIEW OF AN EXISTING PREMISES LICENCE: BULLS HEAD, 6 BATH STREET, LEICESTER LE4 7QD. pdf icon PDF 113 KB

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 phoning Democratic Support on 229 8809.

Minutes:

The Director (Environmental Services) submitted a report that required Members to determine an application for a review of an existing premises licence for Bulls Head, 6 Bath Street, Leicester LE4 7QD.

 

Members noted that representations had been received in respect of this application, which necessitated that the application for a review of an existing premises licence had to be considered by Members.

 

Members were asked to note that the premises licence had now been transferred to the Designated Premises Supervisor (DPS), Mr Conrad Adrian Riley. During the transition process papers had been served on the previous premises licence holders, Rajesh Vaitha and Viral Pala, and the new premises licence holder, Conrad Riley.

 

The Licensing Hearing papers had been served on Mr Riley at a home address registered with Licensing, but had been returned on the morning of the hearing marked ‘Gone Away’. It was assumed that Mr Riley had not viewed the papers for the hearing and the home address on file was incorrect.

 

Members were asked if they wished to continue with the hearing in Mr Riley’s absence. Members sought legal advice, and agreed to continue with the hearing.

 

Two representatives and Chris White from the Noise Control Team were present. Also present were the Licensing Team Manager and a Legal Officer from Leicester City Council.

 

The Licensing Officer presented the report and evidence was heard from all parties present. It was noted that representations had been received from a local resident and the Noise Team on the grounds of the prevention of public nuisance. Colour photos of the premises were then circulated to Members.

 

The Noise Control Team Officer then briefly outlined his application which related to complaints received from two residencies regarding noise from 6 Bath Street. The public nuisance was being caused by loud music emanating from the premises and raised voices from groups of customers congregating outside the premises late at night. He reported that the first complaint was received on 8 February 2010, and the Noise Control Team had since witnessed 8 noise nuisances. On 30 June 2010 Abatement Notices and accompanying letters were served on the premises licence holders (Mr Pala and Mr Vaitha). Copies of the notices were also hand delivered to the DPS, Mr Riley. The letter stated that in line with their premises licence conditions, doors and windows were to be kept closed when amplified music was played and that any further nuisances could result in a review of the premises licence.

 

On 27 July 2010 a further Abatement Notice was served on the DPS at the Bulls Head following another incident, as Noise Officers were having difficulty in contacting him at his own address. On the 29 July 2010 letters requesting the premises licence holders attend interviews under Caution on the 11 August 2010 were hand delivered to Unit 16, Town Square, Syston. The premises licence holders claimed they had no responsibility for the problems which were solely down to the DPS. The  ...  view the full minutes text for item 4.

5.

ANY OTHER URGENT BUSINESS

Minutes:

AGREEMENT REACHED FOR AN APPLICATION FOR A NEW PREMISES LICENCE: OXJAM, BRAUNSTONE GATE, LEICESTER

 

The Director (Environmental Services) submitted a report that required Members to agree whether a hearing was necessary in relation to an application for a new premises licence where full agreement had been reached between the applicant and any parties who had made representation.

 

RESOLVED:

 

that it be agreed that a hearing be unnecessary for OxjamBraunstone Gate, Leicester subject to the following conditions to be applied to the licence, agreed between the applicant and Noise Control Team:

 

·        All busking be non-amplified.

 

·        The main stage and Biscuit Tin Sound System are to finish at 20.30 hours.

 

·        Noise levels are to be checked by organisers, particularly from the Biscuit Tin Sound System and reduced if volume is excessive – Advice to be sought from the Noise Control Team.

 

·        Local residents to have phone number of organisers on the day to call if they have a complaint.

 

·        Letter to go to venues, explaining that they will still have to comply with the conditions on their premises licence.

6.

CLOSE OF MEETING

Minutes:

The meeting closed at 10.52am.