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Agenda and minutes

Agenda and minutes

Venue: Microsoft Teams Meeting

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

Items
No. Item

60.

APPOINTMENT OF CHAIR

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.

61.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

62.

DECLARATIONS OF INTEREST

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

Minutes:

Councillor Fonseca declared for the avoidance of doubt that the was the Councillor for the Ward in which the premises was situated, but had had no contact with the applicant.

 

63.

MINUTES OF PREVIOUS MEETINGS pdf icon PDF 139 KB

The Minutes of the previous meetings held 26 January adjourned to 9 February and 9 February 2021 are attached and Members will be asked to confirm them as a correct record.

Additional documents:

Minutes:

RESOLVED:

That the minutes of the meeting of the Licensing (Hearings) Sub-Committee held on 26th January 2021 adjourned to 10.00am on 9th February 2021 and 11.00am 9th February 2021 be confirmed as a correct record.

64.

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 new Premises Licence, Off Licence: 10-12 Uppingham Road, Leicester, LE5 0QD

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 new Premises Licence, Off Licence: 10-12 Uppingham Road, Leicester, LE5 0QD.

65.

APPLICATION FOR A NEW PREMISES LICENCE, OFF LICENCE: 10-12 UPPINGHAM ROAD, LEICESTER, LE5 OQD

The Director of Neighbourhood and Environmental Services submits a report.

Additional documents:

Minutes:

Introductions were made and the procedure for the meeting was outlined.

 

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

 

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new Premises Licence, Off Licence, for 10-12 Uppingham Road, Leicester, LE5 0QD.

 

The applicant was present. Mr Dave Braithwaite (Deputy Licensing Manager, Leicestershire Police), PC Niahul Patel (Leicestershire Police), Licensing Team Manager (Policy and Applications), a local resident who had submitted an objection, and the 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 for a new Premises Licence was received on 7 January 2021, and that Leicestershire Police submitted an objection to the application on 27January 2021 on the grounds of to the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm.

 

The Sub-Committee further noted that twenty-one representations had been made by members of the public against the grant of the application based on all the licensing objectives. In addition, three petitions opposing the application had been submitted.

 

Mr Dave Braithwaite and PC Niahul Patel for Leicestershire Police were given the opportunity to outline the reasons for the objection to the new Premises Licence and answer questions from Members.

 

The local resident was given an opportunity to outline the reasons for their objection to the new Premises Licence and answer questions from Members.

 

The applicant was given the opportunity to present their case and answered questions from Members, Officers, the Police and local resident.

 

Each party then made a closing submission.

 

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 new Premises Licence, Off Licence for 10-12 Uppingham Road, Leicester, LE5 0QD be REFUSED.

 

Members of the Sub-Committee had considered all the representations and had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

 

The application before Members of the Sub-Committee was for a Premises Licence authorising off-sales of alcohol at a  ...  view the full minutes text for item 65.

66.

ANY OTHER URGENT BUSINESS

Minutes:

There being no other business, the meeting closed at 12.32pm.