Agenda and minutes

Councillor Thomas was elected as Chair for the meeting.

There were no apologies for absence.

Members are asked to declare any interests they may have in the business to be discussed.

Members were asked to declare any disclosable pecuniary or other interest they may have in the business on the agenda.

There were no declarations of interest made.

The minutes of the previous Licensing (Hearings) sub-committee meeting held on 6^th August 2018 are attached and Members will be asked to confirm them as a correct record.

RESOLVED:

That the minutes of the Licensing (Hearings) Sub-Committee meeting held on 6 August 2018 be confirmed as a correct record.

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for Pizza Magic, 130 Fosse Road South, Leicester, LE3 0JT.

Report attached.  A copy of the associated documentation is attached for Members only.  Further copies are available on the council’s website at www.cabinet.leicester.gov.uk or by phone Democratic Support on 0116 4545591.

(Wards affected: Westcotes)

The Director of Neighbourhood and Environmental Services submitted a report that required the Sub-Committee to determine an application for a new premises licence for Pizza Magic, 130 Fosse Road South, Leicester, LE3 0JT.

Members noted that representations had been received in respect of the application, which necessitated that the application had to be considered by Members.

The meeting was delayed and commenced at 10.00am, following discussion by Members. It was noted that neither Mr A Mamozai nor Mr S Mosukhel were present at the meeting or represented.

Following advice from the Legal Adviser to the Sub-Committee, Members considered Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005 and decided that it was in the public interest to proceed with the determination of the application for a new premises licence in the absence of the applicants on the basis that all parties had been given the opportunity to attend and no apologies or reasons for absence had been received directly from the applicants. The Committee were informed by the Chief Licensing Officer that one applicant had indicated that he could not attend but that his co-applicant and another male would attend the hearing. There had been communication from someone claiming to represent the applicants but this could not be verified with the applicants via known email addresses or telephone numbers. Due to the applicants’ non-attendance the interpreter arranged for the meeting was released.

The Chief Licensing Officer and Legal Adviser to the Sub-Committee were present. Mr Nigel Rixon (Licensing Manager for Leicestershire Police), Robin Marston from the City Council’s Noise and Pollution Team. It was noted that a member of the public was in the public gallery.

The Sub- Committee of its own motion and upon receiving legal advice directed that the public and press be excluded from the hearing during the police’s representation, as it was likely that exempt information would be discussed.

RESOLVED:

that the press and public be excluded from the hearing during the representation from the police in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it was likely in view of the nature of the proceedings that exempt information would be disclosed as defined in Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all circumstances into account it was considered that the public interest in maintaining the information as exempt outweighed the public interest in disclosing the information.

Paragraph 1 – Information relating to an individual.

Paragraph 7 – Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Introductions were made and the procedure for the meeting was outlined to those present.

The Chief Licensing Officer presented the report. It was noted that the person claiming to represent the applicants had submitted additional information in the form of a single sided letter detailing permission for a representative to represent the applicants at the hearing, and letter in support of the  ...  view the full minutes text for item 18.

There being no other items of urgent business, the meeting closed at 11.20am.