Agenda and minutes

Councillor Clarke was appointed as Chair for the meeting.

There were no apologies.

Members are asked to declare any interests they may have in the business to be discussed.

Members were asked to declare any disclosable pecuniary or other interests they may have in the business on the agenda.

Councillor Dr. Barton declared an interest Appendix A on the agenda, as she was a member of the Combined Fire Authority, and equalities of the fire authority, and approached the application with an open mind.

Councillor Clarke declared an interest Appendix B on the agenda, as he had had an informal discussion away from the premises with an enforcement officer for HMRC regarding alcohol sales, though he could not be sure it was about Twoj Smak. Councillor Clarke said he approached the application with an open mind.

In accordance with the Council’s Code of Conduct, Members did not consider that the interests were so significant that it was likely to prejudice their judgement of the public interest. Councillors Dr. Barton and Clarke were, therefore, did not consider they were required to withdraw from the meeting.

The Director of Environmental Services submits a report on an application for a review of an existing premises licence, for F Bar, 95 Walnut Street, Leicester, LE2 7LA.

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 454 6354.

The Director, Environmental Services, submitted a report that required Members to determine an application for a review of an existing premises licence for F Bar, 95 Walnut Street, Leicester, LE2 7LA.

Members noted that a representation had been received in respect of the application which necessitated that the application for a new premises licence had to be considered by Members.

Mr Jotinder Singh, representing the Premises Licence Holder (PLH), was present at the meeting. Mr Cyril Abadie and Mr Richard Wesson, Fire Safety Inspecting Officers, Leicestershire Fire and Rescue Services were present. The Licensing Team Manager and Solicitor to the hearing panel were also present.

The Licensing Team Manager presented the report. It was noted that the review application had been made by the fire authority on 26^th February 2014 on the grounds of public safety. Colour photographs of the exterior of the premises were circulated at the meeting.

The Fire Safety Inspecting Officers outlined the reasons for the review application and answered questions from Members:

·         A fire safety visit in August 2013 had found safety measures at the premises unsatisfactory, and the PLH had failed to comply as competent person with his duties under the current fire safety legislation, namely The Regulatory Reform(Fire Safety) Order 2005 (RRO).

·         An Action Plan with a deadline was served on the PLH, informing him what measures he needed to undertake to comply with the issues outlined in the report. A person issued with an Action Plan should sign it and return it to the fire authority.

·         The deadline had passed, and the fire authority had received no contact from the PLH, and therefore, did not know if the action plan had been complied with. The action plan was upgraded to an Enforcement Notice, which had legal bearing.

·         The deadline given for the Enforcement Notice passed, and numerous attempts were made by the fire authority to contact the PLH with no success.

·         Fire Safety Inspecting Officers consulted with their line manager, and a decision was reached to make an application for a review of the premises licence.

·         With the agreement of the PLH, copies of correspondence from the fire authority to the PLH was circulated to the PLH firstly, and then to Members.

Mr Singh was then given the opportunity to present his submission during which he made the following points:

·         He accepted what the Fire Safety Inspectors had said.

·         When the fire safety visit was undertaken in August 2013, he had not been prepared.

·         Copies of completed documentation showing compliance with the Action Plan were returned in October 2013 and again in January 2014, he had done all that was required of him. He could not understand why the fire authority had not received the documents.

·         He had been unable to respond to telephone calls, as he did not open the premises until after 5.00pm each day, after office hours.

·         He had been unable to reply to emails. He apologised and said he should have made more effort to contact the  ...  view the full minutes text for item 4.

The Director of Environmental Services submits a report on an application for a new premises licence within a Cumulative Impact Zone, for Twoj Smak, 23 Narborough Road, Leicester, LE3 0LE.

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 454 6354.

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence within a Cumulative Impact Zone for Twoj Smak, 23 Narborough Road, Leicester, LE3 0LE.

Members noted that a representation had been received in respect of the application, which necessitated that the application for a new premises licence had to be considered by Members.

The applicant Mr Kasraw Said was present with a representative, Mr Dean Carr, (Licensing Consultant for the applicant). Also present was PC Jon Webb from Leicestershire Police, Ms Justine Denton and Mr Ron Ruddock (Trading Standards) who had made representations. Also present were the Licensing Team Manager and Solicitor to the hearing panel.

The Licensing Team Manager presented the report. Colour photographs of the exterior of the premises were circulated to all those present at the meeting. It was noted that the representation from Leicestershire Police was made on the grounds of the prevention of crime and disorder and the prevention of public nuisance. The representation referred to the Local Policy on Cumulative Impact for the Braunstone Gate area, introduced by Leicester City Council in February 2011, which created a rebuttable presumption that an application for a new licence would be refused. It was also noted that the representation from Trading Standards was made on the grounds of the prevention of crime and disorder.

PC Webb on behalf of the Police outlined the reasons for the representation and answered questions from Members:

·         The representation attached to the report was referred to.

·         The area of the Braunstone Gate Cumulative Impact Zone (CIZ) was outlined, and included the location of the applicant’s premises.

·         No reference had been made in the application regarding the CIZ, even though a professional licensing company had been employed to submit the application.

·         The applicant needed to demonstrate he had an understanding of the CIZ, and the premises would not have an impact on the CIZ.

·         The applicant had a conviction for possessing tobacco products which did not carry written and pictorial health warnings.

·         It was acknowledged the application was for two hours less opening time that was preferred by the applicant, and would close at .21.00 hours each day.

·         Near to the premises on Narborough Road, there were 13 shops and more than 20 restaurants and bars, that sold alcohol, and the figures did not include premises on the nearby Braunstone Gate and Hinckley Road.

·         If the Committee were minded to grant the application, the police had requested conditions be attached to the licence, and were listed in the representation.

·         The police asked the application be refused in line with the previous application.

Mr Ruddock and Ms Denton were then asked to outline the reasons for the representation from Trading Standards:

·         A copy of the representation was attached to the report, and contained details of dates visits were made by HM Revenue and Customs and Trading Standards, to two premises owned by Mr Said

·         Warnings for selling tobacco products which did not have the  ...  view the full minutes text for item 5.

The meeting closed at 12.50pm.