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 meeting held 30 October 2020 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 held on 30^th October 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: Doner Master, 124 Narborough Road, LE3 0BT

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: Doner Master, 124 Narborough Road, LE3 0BT.

The Director of Neighbourhood and Environmental Services submits a report.

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 and that CCTV/Bodycam footage had been viewed,

The Director of Neighbourhood and Environmental Services submitted a report on an application for a review of an Existing Premises Licence for Doner Master, 124 Narborough Road, LE3 0BT.

The applicants and representatives were present. PC Jeff Pritchard (Leicestershire Police), Licensing Team Manager (Policy and Applications), 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 on 18 January 2021 for the review of the existing Premises Licence.

PC Pritchard was given the opportunity to outline the reasons for the application for the review and answer questions from Members.

The applicants and representative were given the opportunity to present their case and answered questions from Members, Officers, and Police.

All parties 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. 

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 Premises Licence for Doner Master, 124 Narborough Road, LE3 0BT be REVOKED.

Members of the Sub-Committee were asked to determine an application made under the LA 2003, for a review of the premises licence.

In reaching their decision the Sub-Committee Members had carefully considered the Committee report presented by the Licensing Team Manager (Policy and Applications) and the representations made by Leicestershire Police.  The members had also considered the representations made by the representative of the Premises Licence Holder (PLH) and the legal advice given to them during the hearing.

The Sub-Committee Members considered the licensing objectives to be of paramount concern and had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy and guidance issued under Section 182 of the Licensing Act 2003.

Leicestershire Police had applied for the review as they were satisfied that the premises were not being run in an acceptable manner by the PLH or members of his staff and that  ...  view the full minutes text for item 72.

There being no other urgent business, the meeting closed at 11.55am.