Agenda and minutes

Councillor Whittle was appointed as 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 meetings held on 19^th June 2023, 26^th June 2023 and 7^th July 2023 have been circulated and members are asked to confirm that they are a correct record.

RESOLVED:

That the minutes of the meetings held on 19^th June 2023, 26^th June 2023 and 7^th July 2023 be confirmed as the correct record.

The Director for Neighbourhoods and Environmental Services submits a report for a new premises licence for Popeyes, 40 Welford Road, Leicester.

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new premises licence for Popeyes, 40 Welford Road, Leicester.

The applicant, Mr Saad Ahmed was present. PC Karl Turner, Leicestershire Police, TJ Mavani, Licensing Manger (Enforcement) and Minaxi Patel, Licensing Enforcement Officer were present. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

The Chair led on introductions and outlined the procedure the meeting would follow.

The Licensing Manager (Policy and Applications) presented the report and outlined details of the application. It was noted an application was received on 17 July 2023 from Popeyes Express LTD, 40 Welford Road, Leicester for a new premises licence.

A representation was received on 9 August 2023 from Leicestershire Police, relating to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The representee was concerned that the premises had been offering unauthorised licensable activities and the application was vague and did not refer to specific ways of promoting the licensing objectives

A representation was received on 9 August 2023 from the Licensing Enforcement Team, relating to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The representee was concerned about the timings of the applied activities, location of CCTV cameras and the details provided in the operating schedule. They had been in contact with the applicant and have agreed conditions.

A representation was received on 09 August 2023 from the Noise team. The representation related to the prevention of public nuisance. The noise officer was concerned that noise from deliveries, customers coming and going from the premises, people congregating outside and having a flue running would cause issues for the residential premises which were close by. The officer had been in contact with the applicant and have agreed conditions.

The Licensing Team Manager (Enforcement) addressed the Sub-Committee and outlined details of the representation and answered questions from the Members

PC Turner 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 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  ...  view the full minutes text for item 10.

The Director for Neighbourhoods and Environmental Services submits a report for a new premises licence for City of Leicester College, Downing Drive, Leicester.

Councillor Whittle, 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 for City of Leicester College, Downing Drive, Leicester.

Mr Sean Whiting, Strategic Business Lead, on behalf of City of Leicester College was present. Also present were Licensing Team Manager (Enforcement), Licensing Team Manager (Policy and Applications) and the Legal Advisor to the Sub-Committee.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application.

A representation was received on 09 August 2023 from the Licensing Enforcement team. The representation related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The representee was concerned that that allowing the premises to be used in accordance with the application, it would undermine the Licensing Objectives.

A representation was received on 13 August 2023 from a member of the public  The representation related to the prevention of crime and disorder and the prevention of public nuisance. The representee was concerned that the local area would suffer noise nuisance, pollution and traffic issues if the licence was to be granted.

The Licensing Enforcement Team Manager was given the opportunity to outline the details of his representation and answered questions from Members and the applicant.

The Applicant was given the opportunity to present its case and answered questions from Members, the Legal Adviser to the Sub-Committee and those giving representation.

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 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, 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 full reasons for the decision would be provided 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 Members of the Sub-Committee and Democratic Support Officer to withdraw from the meeting. Members then deliberated in private to consider their decision.

In reaching their decision the Sub-Committee Members had carefully considered the written report presented by the Chief Licensing Officer and considered all the representations, both written and oral, and had taken 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  ...  view the full minutes text for item 11.

With there being no further business, the meeting closed at 12:02pm.