Agenda and minutes

Licensing (Hearings) Sub-Committee - Wednesday, 18 December 2024 5:00 pm

Venue: Meeting Room G.01, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Katie Jordan, Governance Services Officer, email:  katie.jordan@leicester.gov.uk  Julian Yeung, Goverance Support Assistant, email:  wing.yeung@leicester.gov.uk

Items
No. Item

9.

Appointment of Chair

Minutes:

Councillor Singh Johal was appointed as Chair of the meeting.

10.

Apologies for Absence

Minutes:

There were no apologies for absence.

11.

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.

12.

Minutes of Previous Meeting pdf icon PDF 86 KB

The minutes of the previous meeting held on 26 November 2024 are attached and members will be asked to confirm them as a correct record.

Minutes:

The minutes of the previous meeting held on 26 November 2024 were recorded as a true and accurate record.

13.

Application for a Variation of an Existing Premises Licence - Tonne, 1-3 St. Martins Walk, Leicester LE1 5DG pdf icon PDF 366 KB

The Director of Neighbourhood and Environmental Services submits a report for an application for a variation of an existing premises licence for Tonne, 1-3 St. Martins Walk, Leicester LE1 5DG.

Additional documents:

Minutes:

Councillor Singh Johal, 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 under the Licensing Act 2003 for a variation to an existing premises licence for Tonne, 1-3 St. Martins Walk, Leicester LE1 5DG.

 

Mr Nicholas Ameer-Beg was present on behalf of the Applicant Habitual Ventures Ltd. PC Karl Turner, Leicestershire Police was also in attendance. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee and an observer.

 

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

 

A representation was received on 25 November 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 overall, the application was vague and did not provide specific details about how the operator would promote and uphold the licensing objectives. The application lacked specific details about the premises CCTV system, its coverage, retention period and how it could be accessed by the responsible authorities. Similarly, there was no reference to the venue’s security provision, given the potential risks of operating in the night-time economy, when alcohol violent crime in the city centre increased.  Given the high concentration of licensed premises in the area who supplied alcohol into the night-time economy / early hours of the morning, did unfortunately occasionally result in alcohol related violent crime, disorder and anti-social behaviour in the area. The Police proposed conditions to be added to the licence. They were not able to reach an agreement with the applicant.

 

PC Turner, Police Constable for Leicestershire Police, was given the opportunity to outline the details of the Police’s review application and answered questions from Members and officers.

 

Mr Ameer-Beg was given the opportunity to address the Sub-Committee and answered questions from the Members and officers.

 

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  ...  view the full minutes text for item 13.

14.

Application for a New Premises Licence - The Car Park at 73b Church Gate, Leicester, LE1 3AN pdf icon PDF 226 KB

The Director of Neighbourhood and Environmental Services submits a report for an application for a new premises licence for the Car Park at 73b Church Gate, Leicester, LE1 3AN.

Additional documents:

Minutes:

Councillor Singh Johal, 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 under the Licensing Act 2003 for a new premises licence for 73b Church Gate, Leicester.

 

Mr Anup Patel was present on behalf of the Applicant I-Reality Ltd. Also in attendance was PC Karl Turner, Leicestershire Police, Elizabeth Arculus, Licensing Enforcement team, and James Brown, 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 22 November 2024 from the Noise team The representation related to the prevention of public nuisance. The Noise Team were concerned that noise associated with the applied for licensable activities at this premises would interfere with the use and may cause nuisance to nearby properties. They had recommended refusal of the application.

 

A second representation was received on 26 November 2024 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 Licensing Enforcement Team were concerned about the premises and the effects it may have on the local community, both business and residential. They had reached an agreement with the applicant regarding conditions to be added to the licence, if granted.

 

A third representation was received on 2 December 2024 from the Police. The representation related to the prevention of crime and disorder, the prevention of public nuisance, public safety, the protection of children from harm. The Police were concerned about the application, given the size of the outdoor area, combined with the size of the existing licensed premises. They had reached an agreement with the applicant regarding conditions to be added to the licence, if granted.

 

Ms Arculus, Licensing Officer was given the opportunity to outline the details of their representation and answered questions from Members.

 

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

 

PC Turner, Police Constable for Leicestershire Police, was given the opportunity to outline the details of the Police’s representation and answered questions from Members and officers.

 

Mr Patel was given the opportunity to address the Sub-Committee and answered questions from the Members and officers.

 

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  ...  view the full minutes text for item 14.

15.

Any Other Urgent Business

Minutes:

With there being no further business, the meeting closed at 10.10pm.