Agenda and minutes

Councillor Pickering was appointed as Chair for the meeting.

It was noted that the hearing of the applications were 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 of the Licensing (Hearings) Sub-Committee held 29 March 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 held on 29 March 2021 be confirmed as a correct record.

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 3 

Information relating to the financial affairs of any particular person (including the authority) 

B1) Application for the review of an existing Premises Licence, Abhinay Stores, 72-74 Catherine Street, Leicester, LE4 6EL.

B2) Application to transfer an existing Premises Licence Holder and vary the DPS, Sunny Express (known as Abhinay Express) 76-78 Catherine Street, Leicester, LE4 6EL.

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 the review of an existing Premises Licence,

Abhinay Stores, 74-76 Catherine Street, Leicester, LE4 6EL.

B2)      Application to transfer an existing Premises Licence Holder

and vary the DPS, Sunny Express (known as Abhinay Express)

76-78 Catherine Street, Leicester, LE4 6EL.

Prior to the determination of the applications, the chair informed the parties that the committee was minded to hear both applications and make separate determinations after both applications had been heard. The chair invited the parties to make representations in this regard. The Premise Licence Holder and the Police agreed with the committee’s proposal for determining the applications.

The Director of Neighbourhood and Environmental Services submits a report for an application for a review of an existing Premises Licence, Abhinay Stores, 74-76 Catherine street, Leicester, LE4 6EL.

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 review of an Existing Premises Licence for Abhinay Stores, 74-76 Catherine Street, Leicester, LE4 6EL.

The applicant was present. Mr Dave Braithwaite (Deputy Licensing Manager, Leicestershire Police) PC Martin Rawlings (Leicestershire Police), Mrs Elaine Watterson (Trading Standards), 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 11 March 2021 for the review of an existing Premises Licence.

Mr Braithwaite, PC Rawlings, and Mrs Elaine Watterson were given the opportunity to outline the reasons for the application for the review and answer questions from Members.

The applicant was given the opportunity to present his case and answer questions from Members, Officers, and 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 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 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 Members would deliberate in private at the end of the hearing.

The Chair asked then asked all but the Members of the Sub-Committee, Democratic Support Officers, Licensing Team Manager (Policy and Applications) and Legal Adviser to the Sub-Committee to disconnect from the meeting.

During private deliberation, the Legal Adviser to the Sub-Committee was called back to the meeting to give advice on the wording of the decision.

RESOLVED:

That the Premises Licence for Abhinay Stores, 74-76 Catherine Street, Leicester, LE4 6EL be REVOKED.

In reaching their decision, Members had carefully considered the committee report presented by the Licensing Manager (Policy and Applications), all representations made by Leicestershire Police in support of the application for review, the representations made on behalf the Licence Holder and the legal advice given during the hearing.

The Sub-Committee had been asked to determine an application for a review of an Existing Premises Licence held at 76-78 Catherine Street, Leicester. When considering the application, the licensing objectives were of paramount concern.  Members considered the application on its own merits and in accordance with the Licensing Authority’s statement of licensing policy and guidance issued under S.182 of the Licensing Act 2003.

Members heard that Leicestershire Police  ...  view the full minutes text for item 6.

The Director of Neighbourhood and Environmental Services submits a report for an application to transfer an existing Premises Licence Holder and vary the DPS for Sunny Express (known as Abhinay Express) 76-78 Catherine Street, Leicester, LE4 6EL.  

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 to transfer an existing Premises Licence Holder and vary the DPS for Sunny Express (known as Abhinay Express) 76-78 Catherine Street, Leicester. LE4 6EL.

The applicant was present, The Current DPS, Mr Dave Braithwaite (Deputy Licensing Manager, 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 details of the application. Members noted that a representation was received from Leicestershire Police on 31 March 2021 in relation to the prevention of crime and disorder. Leicestershire Police were concerned that the applicant was connected to the current premises licence holder who was under investigation for offences committed at the premises.

The applicant was given the opportunity to present his case and answer questions[AS1]  from Members, Officers, and Police.

Mr Braithwaite was given the opportunity to outline the reasons for the representation and answer any questions from Members, Officers, and the applicant.

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 application to transfer an existing Premises Licence Holder and vary the DPS, Sunny Express (known as Abhinary Express), 76-78 Catherine Street, Leicester, LE4 6EL be REJECTED.

Members had been asked to determine an application made under the Licensing Act 2003, for a transfer of the premises licence and to vary the DPS.. 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 representation made by Leicestershire Police.  The Members had also considered the representation made by the applicant and their representative 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  ...  view the full minutes text for item 7.

There being no further business, the meeting closed at 1.21pm.