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Agenda and minutes

Agenda and minutes

Venue: Meeting Room G.01, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Angie Smith, Tel: (0116) 4546354, Email:  angie.smith@leicester.gov.uk 

Items
No. Item

1.

APPOINTMENT OF CHAIR

Minutes:

Councillor Singh Johal was appointed as Chair for the meeting.

 

The Chair led on introductions and the procedure for the meeting was outlined.

2.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

3.

DECLARATIONS OF INTEREST

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

Minutes:

There were no declarations of interest made.

4.

MINUTES OF PREVIOUS MEETING pdf icon PDF 134 KB

The Minutes of the meeting of Licencing (Hearings) Sub-Committee held on 21st September 2021 are attached and Members will be asked to confirm them as a correct record.

Minutes:

RESOLVED:

That the minutes of the meeting held on 21 September 2021 be confirmed as a correct record.

5.

PRIVATE SESSION

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 2

 

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

 

Paragraph 7

 

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

 

 

B1) Application for a Review of an Existing Premises License.

 

B2) Application for a Review of an Existing Premises License.

Minutes:

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 Government 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 7

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

 

B1) – Application for a Review of an Existing Premises Licence.

B2) – Application for a Review of an Existing Premises Licence

6.

APPLICATION FOR A REVIEW OF AN EXISTING PREMISES LICENCE

The Director of Neighbourhood and Environmental Services submits a report.

Additional documents:

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report on an application for the review of an existing premises licence.

 

The Premises Licence Holder (PLH) / Designated Premises Supervisor (DPS) was present, accompanied by his wife and a translator provided by Leicester City Council. Mr David Braithwaite, Deputy Licensing Manager for Leicestershire Police was present accompanied by Ms Minaxi Patel, Trading Standards Officer, Neighbourhood and Environmental Services. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

 

The Licensing Team Manager (Policy and Applications) presented the report. It was noted a review application was received on 15 September 2021 from Leicestershire Police on the grounds of the prevention of crime and disorder, public safety and the protection of children from harm. It was further noted that representations from 18 patrons of the store were received between 19-28 September 2021 in support of the premises.

 

Mr Braithwaite was given the opportunity to outline the details of the Police representation and answered questions from Members.

 

Ms Patel was given the opportunity to outline the details of the report from Trading Standards in support of the Police representation and answered questions from Members.

 

The PLH/DPS through the translator and his wife was given the opportunity to address the Sub-Committee and answered questions from the Police, Trading Standards Officer and Members.

 

The meeting was adjourned at 11.24am for a five-minute comfort break.

 

On reconvening, all parties present were then given the opportunity to sum up their positions 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 and were advised of the options available to them in making their decision. The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

 

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, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

 

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

 

The Chair then informed the meeting that all but the Democratic Support Officers should withdraw from the room. 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 premises licence be REVOKED.

 

In reaching their decision, Members of the Sub-Committee carefully considered the committee report presented by the Licensing Team Manager (Policy and Applications), all representations made by Leicestershire Police in support of the Application for a Review, the report from the Trading Standards Officer, the representation  ...  view the full minutes text for item 6.

7.

APPLICATION FOR A REVIEW OF AN EXISTING PREMISES LICENCE

The Director of Neighbourhood and Environment Services submits a report.

Additional documents:

Minutes:

The Chair led on introductions.

 

The Director of Neighbourhood and Environmental Services submitted a report on an application for the review of an existing premises licence.

 

The Premises Licence Holder (PLH) / Designated Premises Supervisor (DPS) was present, accompanied by his wife. Mr David Braithwaite, Deputy Licensing Manager for Leicestershire Police was present accompanied by PC Ben Hill, and Ms Minaxi Patel, Trading Standards Officer, Neighbourhood and Environmental Services. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

 

The Licensing Team Manager (Policy and Applications) presented the report. It was noted a review application was received on 15 September 2021 from Leicestershire Police on the grounds of the prevention of crime and disorder and public safety.

 

Mr Braithwaite was given the opportunity to outline the details of the Police representation.

 

PC Hill was given the opportunity to present his witness report and answered questions from Members.

 

Ms Patel was given the opportunity to outline the details of the report from Trading Standards in support of the Police representation.

 

The PLH/DPS through his wife was given the opportunity to address the Sub-Committee and answered questions from the Police, Members, and the Legal Adviser to the Sub-Committee.

 

All parties present were then given the opportunity to sum up their positions 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 and were advised of the options available to them in making their decision. The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

 

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, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

 

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

 

The Chair then informed the meeting that all but the Democratic Support Officers should withdraw from the room. 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 premises licence be REVOKED.

 

Members of the Sub-Committee were asked to determine an application for the review of an existing premises licence.

 

In reaching their decision, Members of the Sub-Committee carefully considered the committee report presented by the Licensing Team Manager (Policy and Applications), all representations made by Leicestershire Police in support of the Application for a Review, the report from the Trading Standards Officer, the representation made by the PLH/DPS and the legal advice given during the hearing.

 

The Sub-Committee had been asked  ...  view the full minutes text for item 7.

8.

ANY OTHER URGENT BUSINESS

Minutes:

There being no other items of urgent business, the meeting closed at 1.07pm.