Agenda and minutes

Licensing (Hearings) Sub-Committee - Friday, 22 March 2024 10:00 am

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

7.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

8.

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.

9.

APPLICATION FOR A NEW PREMISES LICENSE FOR POPEYES, WELFORD ROAD LEICESTER pdf icon PDF 231 KB

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for a new premises licence for Popeyes, Welford Road, Leicester.

Additional documents:

Minutes:

Councillor Pickering, as Chair led on introductions and outlined the procedure the hearing would follow.

 

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 Ali Afzal was in attendance. Also in attendance was Paul Hardwick, Leicestershire Police, and Jasvinder Mann, Noise and Pollution team. 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.

 

A representation was received on 20th February 2024 from the Police. 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 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 second representation was received on 23rd February 2024 from the Noise Team. The representation related the prevention of public nuisance. The representee was concerned about the proximity to neighbouring residential properties and the noise from deliveries, waiting customers and the flue running during the proposed hours. They had been in contact with the applicant and had proposed amended timings.

 

Mr Hardwick, Deputy Licensing Manager for Leicestershire Police, was given the opportunity to outline the details of the Police’s representation and answered questions from Members.

 

Mr Mann, Noise and Pollution Control Officer was given the opportunity to outline the details of their representation and answered questions from Members and Officers.

 

Mr Afzal 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 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 licence for Popeyes, 40 Welford Road, Leicester be GRANTED subject to conditions.

 

Leicestershire Police conditions:

 

1.    The opening hours to the public:  ...  view the full minutes text for item 9.

10.

OBJECTION NOTICE GIVEN FOR A TEMPORARY EVENT NOTICE: KING MARIO'S PIZZA, 1 LINTON STREET, LEICESTER, LE5 5JB pdf icon PDF 346 KB

The Director of Neighbourhood and Environmental Services submits a report on an application for a Temporary Event Notice for King Mario's Pizza, 1 Linton Street, Leicester, LE5 5JB.

Additional documents:

Minutes:

Councillor Pickering as Chair welcomed led on introductions and outlined the procedure of the meeting.

 

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine objections relating to a Temporary Event Notices (TENs) submitted by the applicant Ms Pujara for King Mario's Pizza, 1 Linton Street.

 

The sub-committee noted that objection notices had been received from the Leicestershire Police and the Noise and Pollution Control Team in respect of the a Temporary Event Notices (TENs) which necessitated that the Temporary Event Notices be considered by the sub-committee.

 

The notice giver Ms Himali Bipinbhai Pujara was accompanied by Mr Jignesh Bipinbhai Poojara, the owner of business, and Dolly Mavji Lodhari, the business partner. Also in attendance was Paul Hardwick and Chris Brown, Leicestershire Police, and Jasvinder Mann, Noise and Pollution team. 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. It was noted that an objection had been received from the Noise and Pollution Control Team on 18 March 2024 from Leicestershire Police on the grounds of the prevention of crime and disorder, the prevention of public nuisance and public safety.

 

A second objection notice was received on 18 March 2024 from the Noise Team on the grounds of the prevention of public nuisance.

 

Paul Hardwick and Sergeant Chris Brown from Leicestershire Police, were given the opportunity to outline the reasons for objection and answered questions from Members.

 

Mr Mann, Noise and Pollution Control Officer was given the opportunity to outline the reasons for objection and answered questions from Members.

 

Ms Pujara and Mr Poojara were given the opportunity to respond to the objection and outlined their reasons for the application and the ways in which they were addressing the licensing objectives.

 

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

 

RESOLVED:

The Sub-Committee’s decision was that it was appropriate for the promotion of the licensing objective of the prevention of crime and disorder, the prevention of public nuisance and public safety  ...  view the full minutes text for item 10.

11.

ANY OTHER URGENT BUSINESS

Minutes:

With there being no further business, the meeting closed at 11.54am.