Agenda and minutes

Councillor Pickering was appointed as Chair.

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 14^th July 2023 and 27^th July 2023 has been circulated and members are asked to confirm that they are a correct record

The minutes of the previous meetings held on 14th July 2023 and 27th July

2023 has been circulated and members confirmed that they were a

correct 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 3

Information relating to the financial or business affairs of any particular person (including the authority holding that information)

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 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 3

Information relating to the financial or business affairs of any particular person(including the authority holding that information)

A1) – Application for a new Personal Licence

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

The Director of Neighbourhood and Environmental Services submitted a report

on an application for a new Personal Licence.

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

The applicant and PC Jefferson Pritchard were present. Also present were the Licensing Manager (Policy and Applications) and the Legal Advisor to the Sub-Committee.

The Licensing Manager presented the report and outlined details of the application. It was noted a representation was received on 2^nd November 2023 from Leicestershire Police. The representation relates to the prevention of crime and disorder and public safety.

PC Pritchard was given the opportunity to outline the details of the Police

representation and answered questions from Members.

The Applicant was 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 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 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 to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

                    Members of the sub-committee considered each of the options

available to them and decided to REJECT the application for a new personal licence.

REASONS

Members stated that they had rejected the application as they deemed it necessary for the promotion of the licensing objectives, in particular the crime prevention objective due to the nature and seriousness of the offence committed.

Members were of the opinion that as a result, the Applicant was not a person to whom they believed would promote and uphold the licensing objectives or in compliance with the requirements of the Licensing Act 2003.

The Sub-Committee’s decision was made in the interests of promoting the licensing objectives.

Any appeal against the decision must be made within 21 days to the Magistrates Court.

The Hearing will now move into Public Session.

The Hearing then moved into Public Session.

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for a new premises licence for Belgian chips, 55 Granby 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 for a new premises licence for Belgian Chips, 55 Granby Street, Leicester.

Mr Zmg Kamaran the applicant was present, accompanied by Mr Semper and Mr Lupin. Also in attendance was Mr Jefferson Pritchard, Police Constable for Leicestershire Police, Mr Tj Mavani, Licensing Team Manager (Enforcement), Ms Libby Arculus, Licensing Officer and Mr Gary Geldard, Noise and Pollution Control Officer. Also present was the 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 25 October 2023 from Leicestershire Police. The representation related to the prevention of crime and disorder, the prevention of public nuisance and public safety. The Police were concerned about the proposed operating hours and that the application failed to promote three of the licensing objectives. They had been in contact with the applicant and had agreed conditions.

A representation was received on 26 October 2023 from the Licensing Enforcement team. The representation related to the prevention of crime and disorder, the prevention of public nuisance and public safety. The Enforcement Team were concerned that the timings applied for, operation of the CCTV and details in the operating schedule were not specific to uphold the licensing objectives. They had been in contact with the applicant and had agreed conditions.

A representation was received on 27 October 2023 from the Noise team. The representation related to the prevention of public nuisance. The Noise team were concerned that the timings applied for will increase noise complaints and cause disturbances for nearby residents.  They have been in contact with the applicant and have agreed conditions.

A representation was received on 30 October 2023 from a member of the public. 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 member of public is concerned that granting of the licence would increase chaos and noise from late night drinkers congregating outside the premises. Also noise and smells from the premises will have an impact on nearby residents.

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

Mr Jefferson Pritchard, Police Constable for Leicestershire Police, was given the opportunity to outline the details of the representation from the Police and answered questions from Members of the Sub-Committee and Officers.

Mr Mavani, Licensing Team Manager (Enforcement) was given the opportunity to outline the details of the representation and answered questions from Members of the Sub-Committee and Officers.

Mr Geldard, Noise and Pollution Control Officer was given the opportunity to outline the details of the representation and answered questions from Members of the Sub-Committee and Officers.

The applicant and his representatives were  ...  view the full minutes text for item 25.

With there being no further business, the meeting closed at 11.57am.