Agenda and minutes

Licensing (Hearings) Sub-Committee - Tuesday, 15 December 2020 10:00 am

Venue: Microsoft Teams Meeting

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

Items
No. Item

31.

APPOINTMENT OF CHAIR

Minutes:

Councillor Pickering was appointed as Chair for the meeting.

 

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panels (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.

 


32.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

33.

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.

34.

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 Summary Review of an Existing Premises Licence: Sumo, 54 Braunstone Gate, Leicester, LE3 5LG

 

B2)      Application to Vary a Premises Licence to Specify an Individual as Designated Premises Supervisor: Sumo, 54 Braunstone Gate, Leicester, LE3 5LG

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

 

B1)      Application for a Summary Review of an Existing Premises Licence: Sumo, 54 Braunstone Gate, Leicester, LE3 5LG

 

B2)      Application to Vary a Premises Licence to Specify an Individual as Designated Premises Supervisor: Sumo, 54 Braunstone Gate, Leicester, LE3 5LG

35.

APPLICATION FOR A SUMMARY REVIEW OF AN EXISTING PREMISES LICENCE: SUMO, 54 BRAUNSTONE GATE, LEICESTER, LE3 5LG

The Director of Neighbourhood and Environmental Services submits a report.

Minutes:

The Chair confirmed with Sub-Committee Members that reports for the meeting had been read and that bodycam and CCTV footage had been viewed.

 

The Director of Neighbourhood and Environmental Services submitted a report on a summary review of an existing premises licence for Sumo, 54 Braunstone Gate, Leicester, LE3 5LG.

 

This was a formal review after interim steps were taken to suspend the premises licence for Sumo and remove the Designated Premises Supervisor (DPS) on 25th November 2020. The application was made on the grounds that the premises were associated with serious crime or serious disorder or both.

 

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

 

The Premises Licence Holder (PLH and also DPS for the premises) was present with a Legal Representative. Mr Nigel Rixon (Licensing Manager, Leicestershire Police), PC Jeff Pritchard (Licensing Officer, Leicestershire Police), Neil Cooper (Environmental Officer, Noise Control and Pollution Team), Licensing Team Manager (Policy and Applications) and Legal Adviser to the Sub-Committee were present.

 

The Licensing Team Manager (Policy and Applications) presented the report and outlined the details of the application. It was noted that an application for a summary review of an existing premises licence was received on 23 November 2020.

 

PC Pritchard for Leicestershire Police was given the opportunity to outline the reasons for the summary review application.

 

It was noted that a representation was received on 26 November 2020 from the Noise Control and Pollution Team on the grounds of public nuisance. Mr Cooper (Environmental Officer) was given the opportunity to outline the reasons for the representation and answered questions from the Legal Representative for the PLH.

 

The Legal Representative for the PLH was given the opportunity to present the case for the PLH and answered questions from Members, Environmental Officer and the Police.

 

All parties were 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.

 

In reaching their decision, Members agreed they should deliberate in private on the basis that it 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 would be considered during private deliberation and would be publicly announced and confirmed in writing within five working days of the decision being reached. 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 Legal Adviser to the Sub-Committee was called back to the meeting to give advice on the wording of the decision.

 

RESOLVED:

That  ...  view the full minutes text for item 35.

36.

APPLICATION TO VARY A PREMISES LICENCE TO SPECIFY AN INDIVIDUAL AS DESIGNATED PREMISES SUPERVISOR: SUMO, 54 BRAUNSTONE GATE, LEICESTER, LE3 5LG

The Director of Neighbourhood and Environmental Services submits a report.

Minutes:

The application was withdrawn prior to the meeting.

37.

CLOSE OF MEETING

Minutes:

There being no further items of urgent business, the meeting closed at 11.55am