Agenda and minutes

RESOLVED:         

That Councillor Pickering be appointed as Chair for the meeting.

The Chair outlined the procedure for the meeting to be followed and led on introductions.

There were no apologies for absence.

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

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

Councillor Fonseca declared that he was a member of the panel of the hearing which revoked the Premises License for the applicant in the Personal Licence case.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 7^th July 2020 are attached, and Members will be asked to confirm them as a correct record.

RESOLVED:

That the minutes of the meeting of the Licensing Enforcement Sub-Committee held on 7^th July 2020 be approved as a correct record.

The Director of Neighbourhood and Environmental Services submits a report asking Members to determine an application for the grant of a Highways Amenities Licence for a Street Café for premises known as Oasis Lounge (Malaya Limited), 13 Narborough Road, Leicester, LE3 0EL.

The report is 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 (0116) 454 6354.

(Wards Affected: Westcotes)

The Director of Neighbourhood and Environmental Services submitted a report concerning the determination of an application for the grant of a Highways Amenities Licence (Street Café) for premises known as Oasis Lounge (Melaya Ltd.), 13 Narborough Road, Leicester, LE3 OEL.

The applicant Miss Narcis Bari (Premises Manager) was present.  The Licensing Enforcement Officer, Licensing Team Manager, and Legal Adviser to the Sub-Committee were also present

The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines, and drew Members’ attention to the objections referred to in the report. It was noted an objection from Leicester City Council Highways in respect of the initial layout and proximity to street furniture had been formally withdrawn following discussion with the applicant to reduce the café seating area size from 1.5metres to 1.2metres. The objections from three local businesses were noted. It was also noted that a Furnishings Grant had been applied for by the premise.

Miss Bari then presented the case as to why the Licence should be granted. She outlined that there had been no recorded complaints against the premises since they opened in December 2019, and that a street café would create a pleasant ambiance for the area. Questions from Members of the Sub-Committee and Officers were answered.  

The Licensing Enforcement Officer was also given an opportunity to make any representation and noted that the premise had been co-operative with the Licensing Team.

Members of the Sub-Committee confirmed that they had read the written representations of three local businesspeople who had objected to the application. 

All parties were then given the opportunity to sum up and make any final comments.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present.

In reaching their decision, Members 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 Chair announced that the decision and reasons made during private deliberation would be publicly announced in writing within five working days. The Chair informed the meeting the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.

The Chair then asked all but Members of the Sub-Committee and Democratic Support Officers to disconnect from the meeting. The Sub-Committee then deliberated in private to consider their decision. 

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

That the application for a Highways Amenities Licence for a Street Café for premises known as Oasis Lounge (Melaya Ltd), 13 Narborough Road, Leicester, LE3 0EL be GRANTED.

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panel (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales)(Regulations) 2020 (The 2020 Regulations) and in accordance with the Council’s  ...  view the full minutes text for item 80.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Sub-Committee is entitled to consider certain items in private where in the circumstances the public interest in maintaining the matter exempt from publication outweighs the public interest in disclosing the information.  Members of the public will be asked to leave the meeting when such items are discussed.

The Sub-Committee is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, as amended, and consequently that the Sub-Committee makes the following resolution:-

“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.”

Paragraph 1

Information relating to an individual.

Paragraph 3

Information relating to the financial or business affairs of any particular person (including the authority).

B1) PERSONAL LICENCE REVIEW APPLICATION

B2)PERSONAL LICENCE REVIEW APPLICATION

RESOLVED:

That the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Goverment Act 1972, as amended,

because it involves the likely disclosure of 'exempt' information,

as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.

Paragraph 1

Information relating to an individual.

Paragraph 2

Information which is likely to reveal the identity of an individual.

Paragraph 3

Information relating to the financial affairs of any particular person (including the authority)

B1) Personal Licence Review Application

B2) Personal Licence Review Application

The Director of Neighbourhood and Environmental Services submits a report.

The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine an application for the review of an existing Personal Licence.

The applicant was present. The Licensing Team Manager and Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager outlined details of the application including the relevant City Council Policy Guidelines and drew Member’s attention to the conviction for a relevant offence referred to in the report.

The applicant was given the opportunity to make a representation but stated they had no comment on the matter.

The Chair asked the applicant to clarify that they understood the proceedings and had nothing to add, which the applicant confirmed.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present.

In reaching their decision, Members 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 Chair announced that the decision and the reasons would be publicly announced in writing within five working days. The Chair informed the meeting that the Legal Advisor to the Sub-Committee would be called back to give advice on the wording of the decision.

The Chair then asked all but the Members of the Sub-Committee and Democratic Support Officers to disconnect from the meeting. The Sub-Committee then deliberated in private in order to consider their decision.

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

That the Personal Licence be REVOKED.

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panel (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales)(Regulations) 2020 (The 2020 Regulations) and in accordance with the Council’s own Remote Procedure Rules.

The Members of the Sub-Committee had listened carefully to the representations and had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

Members were informed that in October 2018, the Council issued a Personal Licence to the Licence Holder. Subsequent to the grant, the Licence Holderwas convicted on 7^th  November 2019 at Leicester Magistrates Court of an offence contrary to section 136 of the Licensing Act 2003. The brief circumstances of that offending were that between 17^th May 2019 and 12^th June 2019, the Licence Holder sold alcohol for consumption on premises in Leicester despite the Premises Licence for those premises only authorising off-sales.

The conviction under section 136 of the Licensing Act 2003 was a relevant offence as listed in Schedule 4 of the Act. The conviction was not spent for the purposes of the Rehabilitation of Offenders Act 1974 and therefore gave ground for suspension or revocation of the Personal Licence under section 132A(3)(b) of the Licensing Act 2003.

Members of the Sub-Committee took account of the Licence Holder’s  ...  view the full minutes text for item 82.

The Director of Neighbourhood and Environmental Services submits a report.

It was noted that the application for the review of the Personal Licence had been withdrawn and would not be considered at the meeting.

There being no other urgent business, the meeting closed at 11:41am.