Agenda and 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.

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.

The Minutes of the previous meeting held 21 January 2021 are attached and Members will be asked to confirm them as a correct record.  

RESOLVED:

That the minutes of the meeting of the Licensing (Hearings) Sub-Committee meeting held on 21^st January 2021 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 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 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 a transfer of a premises licence holder for Mario (known as Peri Peri Pepper), 175 Fosse Road North, Leicester, LE3 5EZ.

The applicant and representative were 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 nuisance. The Hearing to determine the review had taken place on 21^st January 2021 and Members determined to revoke the premises licence. The current licence holder had been advised that they had until 15^th February 2021 to appeal the decision. The meeting was informed that a written representation from the application was included in the report at Appendix C.

The Sub-Committee further noted that a representation had been received from Leicestershire Police on 30^th December 2020 in relation to the prevention of crime and disorder and public safety. The Police were concerned there had been incidents at the premises and felt that the attempt to transfer the licence was due to the review of the premises which had been called and the possibility of the licence being revoked.

Mr Dave Braithwaite for Leicestershire Police was given the opportunity to outline the reasons for the objection to the transfer of the premises licence holder and answered questions from Members. Members were asked if they wished to view the CCTV footage again, which was declined as Members confirmed they already viewed the footage.

The applicant and representative were given the opportunity to present her case and answered questions from Members, Police and the Licensing Team Manager (Policy and Applications).

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.

Following the legal advice received, the applicant through her representative informed the meeting that an employee for which the Police had concerns would not work at the premises if the transfer of personal licence holder was approved.

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  ...  view the full minutes text for item 58.

There being no further items of urgent business, the meeting closed at 12.17pm.