Agenda and minutes

Councillor Singh Johal 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.

There were no apologies for absence.

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

There were no declarations of interest made.

The Minutes of the previous meeting held 15 December 2020 are attached and Members will be asked to confirm them as a correct record.

RESOLVED:

That the minutes of the meeting held on 15^th December 2020 be confirmed as a correct record.

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 Licence: Mario (Known as Peri Peri Pepper), 175 Fosse Road North, Leicester, LE3 5EZ

B2)      Application to transfer an existing Premises Licence Holder: Mario (Known as Peri Peri Pepper), 175 Fosse Road North, Leicester, LE3 5EZ

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 review of an existing Premises Licence: Mario (Known as Peri Peri Pepper), 175 Fosse Road North, Leicester, LE3 5EZ

B2)      Application to transfer an existing Premises Licence Holder: Mario (Known as Peri Peri Pepper), 175 Fosse Road North, Leicester, LE3 5EZ

The Director of Neighbourhood and Environmental Services submits a report.

Introductions made and the procedure for the meeting was outlined.

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

The Director of Neighbourhood and Environmental Services submitted a report on an application for the review of an existing premises licence for Mario (known as Peri Peri Pepper), 175 Fosse Road North, Leicester, LE3 5EZ.

The Premises Licence Holder (PLH) was present. Mr Dave Braithwaite (Deputy Licensing Manager, Leicestershire Police), Licensing Team Manager (Policy and Applications) and Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager (Policy and Applications) presented the report and outlined the details of the application. Members noted that an application was received on 7^th December 2020 from Leicestershire Police for a review of the existing premises licence on the grounds of the prevention of crime and disorder and public safety. Leicestershire Police were concerned that there had been two incidents of a similar nature at the premises or directly outside. There was evidence to show the premises were not being run in an acceptable manner by the management team and they were not supporting the licensing objectives.

CCTV evidence of an incident that took place on 11 July 2020 involving the licence holder and employees of the premises had been made available to Members and the Licence Holder and had been viewed prior to the hearing taking place.

Mr Dave Braithwaite for Leicestershire Police was given the opportunity to outline the reasons for the review application and answered questions from Members.

The Premises Licence Holder was given the opportunity to present his case, and answered questions from the Police.

For clarity on points made by the Premises Licence Holder, Members also asked questions of the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

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

The Sub-Committee received legal advice form 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 a 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, the Sub-Committee 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 decisions and reasons would be publicly announced and confirmed 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 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  ...  view the full minutes text for item 43.

The Director of Neighbourhood and Environmental services submits a report.

The application was deferred pending the outcome of the Review of the Premises Licence.

There being no further items of urgent business, the meeting closed at 6.27pm.