Agenda and minutes

Members are asked to appoint a chair for the Hearing.

Councillor Hunter 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 on the agenda.

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

Councillor Hunter declared that she lived near the shop in question, however she had never been into it and she had an open mind, and this would have no bearing on any decision she came to today.

In accordance with the Council’s Code of Conduct, the interest declared was not considered so significant in relation to this application that it was likely to prejudice a Member’s judgment of the public interest and Councillor Hunter was therefore not required to withdraw from the meeting.

The minutes of the previous Licensing (Hearings) sub-committee meeting held on 20^th March 2019 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 20^th March 2019 be confirmed as an accurate record.

AGENDA

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 7

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

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 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 7

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

The Director of Neighbourhood and Environmental Services submits a report on an application to transfer an existing premises license and to vary a premises license to specify an individual as a designated premises supervisor.

(Wards affected: North Evington)

The Police submitted a representation that required the sub-committee to determine an application to transfer an existing premise and to vary the designated premises supervisor.

The sub-committee noted that an application to transfer an existing premises licence and to vary the designated premises supervisor had been received which necessitated that the application had to be considered by the sub-committee.

The applicant, his wife, his two daughters and an interpreter were present.  Also present were the Licensing Team Manager, Mr David Braithwaite and PC Claire Jackson of Leicestershire Police and the Legal Advisor to the Sub-Committee.

Introductions were made and the procedure for the meeting was outlined to

those present.

The Licensing Manager (Policy and Applications) presented the report.  It was noted that applications had been received on 19^th March 2019.

It was noted that a representation had been received from Leicestershire Police on 22^nd March 2019 relating to the licensing objective of the prevention of crime and disorder.

Mr Braithwaite outlined the reasons for the representation, provided details of

the applicant’s convictions for relevant offences and advised the committee that the applicant was the subject of an ongoing criminal investigation and responded to questions raised by the sub-committee.

The applicant outlined the reasons for the application and answered questions

from Members and those who had made representations.

All parties 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 a decision. The Sub-Committee was also advised of the relevant policy and statutory guidance that needed to be taken into account when making their 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 the parties represented present.

The applicant, his wife, his daughters, the interpreter, Mr Braithwaite, PC Jackson, the Licensing Team Manager and the Legal Adviser to the Sub-Committee then withdrew from the meeting.

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

The Legal Adviser to the Sub-Committee was recalled to the meeting to advise Members on the wording of their decision.

The applicant, his wife, his daughters, the interpreter, Mr Braithwaite, PC Jackson and the Licensing Team Manager then returned to the meeting.

RESOLVED:

That the application to transfer an existing premises licence and to vary a premises licence to specify an individual as a designated premises supervisor be REFUSED.

REASON FOR THE DECISION

In reaching their decision, the Sub-Committee Members carefully considered the Committee report presented by the Licensing Team Manager, all representations made by Leicestershire Police in support of their objections, the representations made on behalf of the applicant, and legal advice given during the hearing.

When considering the application, the prevention of crime and disorder licensing objective was the only  ...  view the full minutes text for item 94.

There being no other urgent business the meeting closed at 10:40AM