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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: Katie Jordan, Tel: (0116) 4542616, Email:  katie.jordan@leicester.gov.uk 

Items
No. Item

12.

APPOINTMENT OF CHAIR

Minutes:

Councillor Byrne was appointed as Chair for the meeting.

13.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

14.

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 made.

15.

MINUTES OF PREVIOUS MEETING pdf icon PDF 133 KB

Members will be asked to confirm minutes from the meetings of 12th July 2022, 20th July 2022 and 18th August 2022 as a correct record.

Additional documents:

Minutes:

RESOLVED:

That the minutes of the meetings held on 12th July 2022, 20th July 2022 and 18th August 2022  be confirmed as the correct record.

16.

REVIEW OF AN EXISTING PREMISES LICENSE - ABU DANIEL pdf icon PDF 389 KB

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for a review of an existing premises licence.

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 Abu Daniel, Belgrave House, 161 Belgrave Gate, Leicester LE1 3HS.

 

Mr Mohammad Attuf, Premises License Holder (PLH) was present. Chris White and Vandana Lad from the Noise and Pollution team 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 report and outlined details of the application. It was noted an application was received on 13 October 2022 from the Noise Team for a review of the existing premises  licence for Abu Daniel. The application was made on the grounds of the prevention of public nuisance. The Noise Team were concerned that the premises had caused nuisance to nearby residential properties by playing amplified music and that due to the open front of the premises the nuisance cannot be limited.

 

Mr White was given the opportunity to outline the details of the report from the Noise and Pollution Team, in support of the representation and answered questions from Members.

 

Mr Attuf was given the opportunity to address the Sub-Committee and answered questions from the Noise and Pollution Officer’s 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 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, 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 decision and reasons would be

announced 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 informed the meeting that all but the Democratic Support

Officers should withdraw from the room. The Sub-Committee then deliberated

in private to consider their decision.

 

In reviewing the Premises Licence the Sub-Committee considered the Licensing Officer’s Report and all the representations, both written and oral. The Sub-Committee took account of the Statutory Guidance, the Regulators’ Code, and the Council’s Licensing Policy.

 

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

 

RESOLVED:

It was appropriate for the promotion of the licensing objective of the prevention of public nuisance that the premises license for Abu Daniel, Belgrave House, 161 Belgrave Gate, Leicester LE1 3HS be amended to remove the following licensable activities and add an additional condition.  ...  view the full minutes text for item 16.

17.

APPLICATION FOR A NEW PREMISES LICENCE - GAMBLING ACT 2005 pdf icon PDF 281 KB

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for a new premises licence.

Additional documents:

Minutes:

The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine an application for a new premises licence under the Gambling Act 2005 for Merkur Slots, 6 Haymarket, Leicester.

 

Gill Clulow, Nigel Davis and Wanda Kidd were present representing Merkur Slots, accompanied by their Barrister Philip Kolvin KC. 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 29th September 2022 from an interested party. The representation related to the prevention of gambling being a source of crime or disorder, being associated with crime or disorder or being used to support crime.  Also ensuring that gambling is conducted in a fair and open way and the protection of children or other vulnerable persons from being harmed or exploited by gambling.

 

A second representation was received from an interested party on 29th September 2022. The representation related to the prevention of gambling being a source of crime or disorder, being associated with crime or disorder or being used to support crime.  Also ensuring that gambling is conducted in a fair and open way and the protection of children or other vulnerable persons from being harmed or exploited by gambling.

 

A third representation was received on 18th October 2022 from an interested party. The representation related to the prevention of gambling being a source of crime or disorder, being associated with crime or disorder or being used to support crime.  Also ensuring the protection of children or other vulnerable persons from being harmed or exploited by gambling.

 

The Merkur Slots representatives and their barrister were given the opportunity to address the Sub-Committee and answer questions from 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 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, 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 Gambling Act 2005 Regulations.

 

The Chair announced that the decision and reasons would be publicly

announced 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 informed the meeting that all but the Democratic Support

Officers should withdraw from the room. The Sub-Committee then deliberated

in private to consider their decision. The Sub-Committee recalled the Legal

Adviser  ...  view the full minutes text for item 17.

18.

ANY OTHER URGENT BUSINESS

Minutes:

There being no other Items of urgent business, the meeting closed at 11:57am.