Agenda and minutes

Councillor Singh Johal 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 minutes of the previous meeting held on 14 April 2021 are attached, and Members will be asked to confirm them as a correct record.

RESOLVED:

That the minutes of the Licensing Hearing held on 14 April 2021 be confirmed as a correct record.

The Director of Neighbourhood and Environmental Services submits a report on an application to transfer an existing premises licence holder and vary the designated premises supervisor for Uni, 39 Western Boulevard, Leicester, LE2 7HN. The applicant is Mr Sheakha Sharif Najhat.

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 bey telephoning Democratic Support on (0116) 4546354.

(Ward affected: Westcotes)

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 to transfer an existing premises licence and vary the designated premises supervisor (DPS) for application for Uni, 39 Western Boulevard, Leicester, LE2 7HN.

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

Mr Sheakha Sharif Najhat was present with a representative Mr Sajid Munir (Solicitor). PC Jeff Pritchard (Leicestershire Police) was present. 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 a representation was received on 12 April 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 it was not a genuine transfer application and was an attempt to mislead the police and licensing authority to believe a new applicant was involved in the business and would not repeat the previous failings as highlighted in the review hearing on 29 march 2021.

PC Pritchard addressed the Sub-Committee indicating that the Police representation was on the sole ground of the prevention of crime and disorder. He was given the opportunity to outline the reasons for the representation and answered questions from Members and the applicant’s representative.

Mr Najhat and Mr Munir were given the opportunity to respond to the representation from the Police and answered questions from Members, the Police, the Licensing Team Manager (Policy and Applications) and Legal Adviser to the Sub-Committee.

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 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 announced that the decisions and reasons would be publicly announced and confirmed in writing within five working days. The Chair informed the meeting that 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 the 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 Legal Adviser to the Sub-Committee was called back to  ...  view the full minutes text for item 108.

There being no other items of urgent business, the meeting closed at 5.45pm.