Agenda and minutes

Councillor Pickering was elected 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 Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence within a cumulative impact zone for African Village Pub, 29 Churchgate, Leicester, LE1 3AL.

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.Cabinet.leicester.gov.uk or by telephoning Democratic Support on 0116 4546354.

(Wards affected: Castle)

The Chair led on introductions and confirmed with the 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 within a Cumulative Impact Zone for African village Pub, 29 Churchgate, Leicester, LE1 3AL.

Members noted that a representation had been received, which necessitated the application had to be considered by the Sub-Committee.

Mr Gebrkerstos Eyasu was present with a representative Mr Abrahim Haile. PC Jeff Pritchard (Leicestershire Police), Mr Kennedy Nwokolo (Pollution Control Officer), Mr Tj Mavani (Licensing Enforcement Team Manager) and Mr Matthew Robinson (Licensing Enforcement Officer) were present as persons who had made representations. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that an application was received on 12^th March 2021 from Leicestershire Police on the grounds of the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The Police were concerned that the premises may increase crime, disorder and anti-social behaviour and that the applicant seemed inexperienced and lacking in knowledge.

The Sub-Committee Members noted a representation that had been received on 16^th March 2021 from the Noise Team on the grounds of the prevention of public nuisance. The Noise Team were concerned there would be increased noise levels and potential for disruption for neighbouring properties if the licence was granted as applied for.

Members were informed a further representation was received on 6^th April 2021 from the Licensing Enforcement Team on the grounds of the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm. The Licensing Enforcement Team were concerned that the applicant lacked any knowledge about running a licensed premises and the conditions volunteered might not be enough to support the promotion of the licensing objectives.

The Licensing Team Manager, during the presentation of the report, drew to Members’ attention Leicester City Council’s special policy on cumulative impact in the Churchgate area, introduced in February 2005, and that it was for the applicant to demonstrate in the operating schedule that the premises would not be adding to the existing problems in the area.

PC Pritchard was given the opportunity to outline the reasons for the representation and answered questions from Members and the representative for the applicant.

Mr Nwokolo was given the opportunity to outline the reasons for the representation. For clarification the Licensing Team Manager (Policy and Applications) confirmed the application for live and recorded music was for indoors only.

Mr Mavani and Mr Robinson were given the opportunity to outline the reasons for the representation. It was noted that conditions had been put forward by the Police, the Noise Team and Licensing Enforcement Team, the latter of which had all been agreed by the  ...  view the full minutes text for item 101.

The Director of Neighbourhood and Environmental Services submits a report on an application for a variation of an existing premises licence for Friends Foods Retail (t/a Londis), Merlin Heights, 105 Bath Lane, Leicester, LE3 5AU.

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.Cabinet.leicester.gov.uk or by telephoning Democratic Support on 0116 4546354.

(Wards affected: Abbey)

The meeting adjourned at 11.33am and reconvened at 11.45am.

The Chair led on introductions and confirmed with the 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 variation of an existing premises licence for Friends Food Retail (T/A Londis), Merlin Heights, 105 Bath Lane, Leicester, LE3 5AU.

Members noted that a representation had been received, which necessitated the application had to be considered by the Sub-Committee.

The applicant Mr Thinojan Thirumohan was present with a representative Mr Suresh Kanapathi (Licensing Agent). Mr Andrew Sansome (Pollution Control Officer) was present as responsible authority who had made a representation. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that an application was received on 17^th March 2021 from the Noise Team on the grounds of the prevention of public nuisance. The Noise Team were concerned that allowing the premises to operate for such long hours might increase noise disturbances to residents.

Mr Sansome was given the opportunity to outline the reasons for the representation.

Mr Kanapathi for Mr Thirumohan was given the opportunity to present their case and answered questions from Members and the Noise Team.

During the presentation Mr Kanapathi stated the applicant offered a condition that no deliveries between the hours of 9.00pm to 6.00am take place.

The Licensing Team Manager (Policy and Applications) informed the meeting there were discrepancies for allowed opening hours between planning consent and lease. It was noted that Planning, as consultees of the process had not objected to the application, but if granted, the  Applicant would have to regularise the hours granted with Planning and the licence could not be utilised until confirmed with Planning.

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 asked then asked all but the Members of the Sub-Committee and Democratic Support Officers 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 application for a variation of an existing premises licence for Friends Foods Retail (T/A Londis), Merlin Heights, 105  ...  view the full minutes text for item 102.

There being no other items of urgent business, the meeting closed at 12.55pm.