Agenda and minutes

Councillor Pickering was appointed as the Chair and led on introductions.

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 1^st June 2023 has been circulated and members are asked to confirm that they are a correct record.

RESOLVED:

That the minutes of the meeting of the Licensing Hearing Sub-Committee held on June 1 2023 be confirmed as a correct and accurate record.

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

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

Councillor Pickering, as Chair welcomed all to the Committee and outlined the proceedings of the hearing.

The Director of Neighbourhood and Environmental Services submitted a report

on an application for the review of an existing premises licence for Courtyard Bar and Restaurant, Churchgate, Leicester.

 The Premises Licence Holder, The Designated Premises Supervisor and their legal representative were in attendance. Also present was PC Pritchard from Leicestershire Police, 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.

PC Pritchard was given the opportunity to outline the details of the representation from the Police and answered questions from Members of the Sub-Committee.

The applicants were given the opportunity to address the Sub-Committee and answered questions from the 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.

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

RESOLVED:

That the Premises licence be modified:

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 Review application engaged the licensing objectives relating to the prevention of crime and disorder, public safety and the prevention of public nuisance.

Following engagement between the parties, eighteen conditions had been agreed and committee was jointly invited by the parties to modify the conditions of the licence.

Members of the sub-committee confirmed that they had not taken anything put before them on face value and that they had scrutinised all of the information and evidence in detail

The sub-committee considered each of the options available to them and concluded:

That the representations by Leicestershire Police engaged 3 of the 4 licensing objectives and the sub-committee concluded that it was  ...  view the full minutes text for item 19.

The meeting will move into public session.

The Director of Neighbourhood and Environmental Services submits a report for a new premises licence for Nelson Mandela Park, Leicester.

Councillor Pickering, as Chair welcomed all to the Committee and outlined the proceedings of the hearing.

The Director of Neighbourhood and Environmental Services submitted a report

on an Application for a New Premises Licence – Y2K Entertainment Music & Arts Limited – African Festival – Nelson Mandela Park- 26^th August 2023.

Mr Morapara and Mr Matenga, Festival Manager, Theo Markham-Crew and a representative from Showsec, Mr Wallis were in attendance. Also present was PC Pritchard from Leicestershire Police, 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.

PC Pritchard was given the opportunity to outline the details of the representation from the Police and answered questions from Members of the Sub-Committee.

The Applicants and their representatives were given the opportunity to address the Sub-Committee and answered questions from the Members.

Councillor Kitterick as the Local Ward Councillor made a representation to the Committee in objection to the application. Councillor Kitterrick joined the hearing at the midway point and due to work commitments left after making his representations.

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:

                    That the application for a new premises be GRANTED

In making their decision members carefully considered the committee report presented by the Licensing officer, the legal advice given during the hearing, the representations made on behalf of the applicant and representations made by Leicestershire Police, the Council’s Noise and Pollution Control Team and Councillor Kitterick representing constituents in the area surrounding Nelson Mandela Park.

When  ...  view the full minutes text for item 21.

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

The Director for Neighbourhoods and Environmental Services submits a report for a variation of an existing premises license for Sophy, 8-10 King Street, Leicester.

Councillor Pickering, as Chair welcomed all to the Committee and outlined the proceedings of the hearing.

The Director of Neighbourhood and Environmental Services submitted a report

on an application made under section 34 of the Licensing Act 2003, for a variation of the existing premises licence at 8-10 King Street, Leicester.

Mr Dhillon Kumar and Mr Jai Dhillon Kumar were in attendance. Also present was PC Pritchard from Leicestershire Police, 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.

PC Pritchard was given the opportunity to outline the details of the representation from the Police and answered questions from Members of the Sub-Committee.

Mr Jai Dhillon Kumar was given the opportunity to address the Sub-Committee and answered questions from the 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:

That the application to vary the premises licence be REJECTED

In reaching its decision the Sub-Committee Members have carefully considered the Committee report presented by the Licensing Team Manager (Policy and Applications) and the representations made both by the applicant and the objector Leicestershire Police. The members also considered 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 licensing authority’s Statement of Licensing Policy and guidance issued under Section 182 of the Licensing Act 2003.

Section 35 of the Licensing Act 2003 sets out the steps a  ...  view the full minutes text for item 23.

There being no other items of urgent business, the meeting closed at 1.44pm