Agenda and minutes

Licensing (Hearings) Sub-Committee - Friday, 29 March 2019 9:30 am

Venue: Meeting Room G.02, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Aqil Sarang, Democratic Support, TEL 0116 4545591 EMAIL:  Aqil.Sarang@leicester.gov.uk 

Items
No. Item

76.

APPOINTMENT OF CHAIR

Minutes:

Councillor Thomas was appointed as Chair for the meeting.

77.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

78.

DECLARATIONS OF INTEREST

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

Minutes:

Members were asked to disclose pecuniary or other interests they may have in the business on the agenda.

 

There were no declarations of interest made.

79.

MINUTES OF PREVIOUS MEETING pdf icon PDF 90 KB

The minutes of the Licensing (Hearings) Sub-Committee meeting held on 1st March 2019 are attached and Members will be asked to confirm them as a correct record.

Minutes:

RESOLVED:

That the minutes of the previous Licensing (Hearings) Sub-Committee meeting held on 1st March 2019 be confirmed as a correct record.

80.

APPLICATION FOR THE REVIEW OF AN EXISTING PREMISES LICENCE: AU, 35 ST NICHOLAS PLACE, LEICESTER, LE1 4LD pdf icon PDF 876 KB

The Director of Neighbourhood and Environmental Services submits a report on the application for a review of an existing premises licence for AU, 35 St Nicholas Place, Leicester, LE1 4LD.

 

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 telephoning Democratic Suppot on 0116 454 6354.

 

(Wards affected: Castle)

Additional documents:

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report that required the Sub-Committee to determine an application for the review of an existing premises licence for AU, 35 St Nicholas Place, Leicester, LE1 4LD.

 

The Sub-Committee noted that an application for the review of the existing premises licence had been received which necessitated that the application had to be considered by the Sub-Committee.

 

Mr Shane Whitfield the Premises Licence Holder (PLH) was present and accompanied by Mr Danny Jarram Wolodymyr Nyszczota (Manager), a Legal Representative, and Independent Licensing Consultant. Mr Nigel Rixon (Licensing Manager, Leicestershire Police), PC Jeff Pritchard (Licensing Officer for Leicester City Centre), Licensing Team Manager, Licensing Enforcement Team Manager, and Legal Adviser to the Sub-Committee were also present.

 

Also in attendance was a reporter from the Leicester Mercury.

 

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

 

The Licensing Team Manager presented the report. It was noted that an application for the review of an existing premises licence had been received from Leicestershire Police on 1st February 2019 which was made on the grounds of the prevention of crime and disorder, public safety and the prevention of public nuisance. Leicestershire Police were concerned that there had been a number of incidents of crime and disorder at the premises, they had identified incidents of bad management practices, failures and delays in assisting the police with criminal investigations, and failures to report criminal activity and incidents of disorder being committed by both door staff employed at the premises.

 

Representatives from Leicestershire Police were given the opportunity to outline the reasons for their representation and responded to questions from the Sub-Committee.

 

Mr Shane Whitfield and his legal representative were then given the opportunity to respond to the application for the review of the premises licence and answered questions from the Sub-Committee and the Police.

 

All parties were then given the opportunity to sum up their positions and make final comments.

 

Prior to the Sub-Committee considering the application, the Legal Adviser to the Sub-Committee advised them of the options available to them in making a decision, and the relevant policy and statutory guidance that needed to be taken into account when making the 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.

 

The Licensing Team Manager, Licensing Enforcement Team Manager, Legal Adviser to the Sub-Committee, Mr Whitfield and his legal representative, Mr Nyszczota, Independent Licensing Consultant, Mr Rixon, PC Pritchard and reporter from the Leicester Mercury then withdrew from the meeting.

 

The Sub-Committee then gave the application full and detailed consideration.

 

The Legal Adviser to the Sub-Committee was then recalled to the hearing to give advice on the wording of the decision.

 

The Licensing Team Manager, Licensing Enforcement Team Manager, Mr Whitfield and his legal representative, Mr Nyszczota, Independent Licensing Consultant, Mr Rixon,  ...  view the full minutes text for item 80.

81.

ANY OTHER URGENT BUSINESS

Minutes:

There being no other items of urgent business, the meeting closed at 11.00am.