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Agenda and minutes

Agenda and minutes

Venue: Meeting Room G.02, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Angie Smith: Tel: (0116) 4546354, Email:  angie.smith@leicester.gov.uk  Katie Jordan: Tel: (0116) 454 2616, email  katie.jordan@leicester.gov.uk

Items
No. Item

47.

APPOINTMENT OF CHAIR

Minutes:

Councillor Pickering was appointed as Chair of the meeting.

48.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologises for absence.

49.

DECLARATIONS OF INTEREST

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

Minutes:

There were no declarations of interest.

50.

MINUTES OF PREVIOUS MEETING pdf icon PDF 251 KB

The minutes of the meeting of Licensing (Hearings) Sub-Committee held on 31st January 2022 are attached and Members will be asked to confirm them as a correct record.

Minutes:

RESOLVED:

That the minutes of the meeting held on 31st January 2022 be confirmed as a correct record.

51.

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 the review of an existing Premises Licence: Off Licence, 345 Catherine Street, Leicester, LE4 6GG.

 

B2) Application for the review of an existing Premises Licence – Convenience Store (known as Bratislava), 300 Gipsy Lane, Leicester, LE4 9BX

 

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 was considered that the public interest in maintaining the information as exempt outweighed 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 the review of an existing Premises Licence: Off Licence, 345 Catherine Street, Leicester, LE4 6GG.

 

B2) Application for the review of an existing Premises Licence – Convenience Store (known as Bratislava), 300 Gipsy Lane, Leicester, LE4 9BX

52.

APPLICATION FOR THE REVIEW OF AN EXISTING PREMISES LICENCE: OFF LICENCE, 345 CATHERINE STREET, LEICESTER, LE4 6GG

The Director of Neighbourhood and Environmental Services submits a report on an application for the review of an existing premises licence for Off Licence, 345 Catherine Street, Leicester, LE4 6GG.

 

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: Rushey Mead)

Additional documents:

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report on an application for the review of an existing premises licence for Off Licence, 345 Catherine Street, Leicester, LE4 6GG.

 

The Licensing Hearing commenced at 11:24am, due to the applicant’s legal representative. arriving late to the meeting. The Chair confirmed with the Designated Premises Supervisor (DPS) and their legal representative, Mr David Braithwaite (Deputy Licensing Manager for Leicestershire Police), Ms Minaxi Patel (Trading Standards), that they would be able to fully present their case within the time constraints caused by the late start which would allow Members proper time for deliberation, and that the application would be heard simultaneously with the application for review of Convenience Store (known as Bratislava), 300 Gipsy Lane, Leicester, LR4 9BX, as suggested by the Legal Adviser to the Sub-Committee and agreed by the parties. All parties agreed to proceed with the hearing.

 

Introductions were made and the Chair outlined the procedure for the meeting to those present.

 

The Premises Licence Holder (PLH) / Designated Premises Supervisor (DPS) was present, accompanied by his Legal Representative. Mr David Braithwaite ( Deputy Licensing Manager for Leicestershire Police) and Ms Minaxi Patel (Trading Standards Officer) were 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 reports for both applications. It was noted in both reports that an  application was received on 22 December 2021 from Leicestershire Police for a review of the existing premises licences. for Off Licence, 345 Catherine Street, Leicester and Convenience Store, 300 Gipsy Lane, Leicester. The applications were made on the grounds of the prevention of crime and disorder and public safety.

 

Mr Braithwaite was given the opportunity to outline the details of the Police application and answered questions from Members.

 

Ms Patel was given the opportunity to outline the details of the report from Trading Standards in support of the Police application and answered questions from Members.

 

The PLH/DPS and his Legal Representative were given the opportunity to address the Sub-Committee and answered questions from the Police and Members.

 

All parties present 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 and were advised of the options available to them in making their decisions. The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decisions.

 

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 accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

 

The Chair announced that the decisions and reasons would be publicly announced in writing within five working days. The Chair informed the meeting that the  ...  view the full minutes text for item 52.

53.

APPLICATION FOR THE REVIEW OF AN EXISTING PREMISES LICENCE: CONVENIENCE STORE (KNOWN AS BRATISLAVA) 300 GIPSY LANE, LEICESTER, LE4 9BX

The Director of Neighbourhood and Environmental Services submits a report on an application for the review of an existing premises licence for Convenience Store (known as Bratislava), 300 Gipsy Lane, Leicester, LE4 9BX.

 

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: Rushey Mead)

Additional documents:

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report on an application for the review of an existing premises licence for Convenience Store (known as Bratislava), 300 Gipsy Lane, Leicester, LR4 9BX.

 

The application was heard simultaneously with the application for the review of an existing premises licence for Off Licence, 345 Catherine Street, Leicester, LE4 6GG.

 

It was noted that the DPS for the premises was not present at the meeting, but the Sub-Committee noted the involvement of the business owner in the premises, who was the DPS / PLH for Off Licence, the other premises under consideration at the Hearing.

 

RESOLVED:

That the premises licence for Convenience Store (known as Bratislava), 300 Gipsy Lane, Leicester be REVOKED.

 

In reaching their decision, Members had carefully considered the committee report presented by the Licensing Team Manager (Policy and Applications), all representations submitted on behalf of the PLH / DPS, the representations from the Police and Trading Standards, and legal advice given during the hearing.

 

The Sub-Committee Members considered the licensing objectives to be of paramount concern and had considered the review application,  in accordance with  Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

 

REASONS FOR THE DECISION

 

The application for review of the Licence was made by Leicestershire Police on the grounds of the prevention of crime and disorder and public safety.

 

The Sub-Committee had accepted the Police representations as regards the prevention of crime and disorder and public safety. They had no confidence that the PLH/DPS would uphold the licensing objectives. The Statutory Guidance issued under section 182 of the Licensing Act 2003 recognised this.

 

In the circumstances, the Sub-Committee’s decision was that it was appropriate for the promotion of the licensing objectives of the prevention of crime and disorder and public safety to REVOKE the Licence.

 

The PLH / DPS would be informed that an appeal against the decision must be made within 21 days to the Magistrates Court.

 

 

 

 

54.

ANY OTHER URGENT BUSINESS

Minutes:

There being no other items of urgent business, the meeting closed at 1.04pm.