Agenda and minutes

Councillor Hunter was appointed 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 might have in the business on the agenda.

Councillor Hunter declared that she had heard the Licensing Hearing on 16^th August when the licence had been revoked for The Yellow Door but would approach the application before her with an open mind.

In accordance with the Council’s Code of Conduct, the interest was not considered so significant that it was likely to prejudice the Councillor’s judgement of the public interest. The Councillor was not therefore required to withdraw from the meeting during consideration and discussion of the agenda items.

Councillor Hunter, Chair of the Licensing and Public Safety Committee has agreed that this item may be taken a urgent business because of the timescale given for holding a hearing in relation to a Temporary Event Notice. The timescale is set out in schedule 1 of the Licensing Act 2003 (Hearings) Regulations 2005, which says a hearing must be held in seven working days beginning with the day after the end of the period within which representations may be made.

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 phoning Democratic Support on (0116) 4546354.

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine an application for a temporary event notice (TEN) submitted by The Yellow Door, 34 Belvoir Street, Leicester, LE1 6QH.

Members noted that an objection notice had been received in respect of the application, which necessitated that the application for the TEN had to be considered by Members.

The applicant Mr Mitchell Humby was not present. PC Jeff Pritchard (Licensing Officer, Leicestershire Police), Licensing Team Manager, and Legal Adviser to the Sub-Committee were present. Also in attendance was a reporter from the Leicester Mercury.

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

The Licensing Team Manager presented the report and answered questions from Members. It was noted that an objection notice had been given by Leicestershire Police on the grounds of the prevention of crime and disorder, the prevention of public nuisance and public safety.

PC Pritchard outlined the reasons for the objection notice and responded to questions from Members.

PC Pritchard was then given the opportunity to sum up and make any final comments.

Prior to the Sub-Committee considering the application, the Legal Adviser to the Sub-Committee advised of the options available to them in making a 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, the Sub-Committee felt they should deliberate in private on the basis that this was in the public interest of their deliberation taking place with the parties represented present, in accordance with the provisions of the Licensing Act 2003 (Hearings) Regulations 2005.

The Licensing Team Manager, Legal Adviser to the Sub-Committee, PC Pritchard and reporter from the Leicester Mercury then withdrew from the meeting.

The Sub-Committee then gave the application their full and detailed consideration. The Legal Adviser to the Sub-Committee was recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, PC Pritchard and reporter from the Leicester Mercury then returned to the meeting.

The Chair informed all persons present that they had recalled the Legal Adviser to the Sub-Committee for advice on the wording of the decision.

RESOLVED:

That a counter notice under Section 105 (2) of the Licensing Act 2003 be issued for the Temporary Event Notice as it was considered appropriate for the promotion of the licensing objectives to do so.

REASON FOR THE DECISION

The Sub-Committee members had been asked to determine an objection submitted by Leicestershire Police in relation to a Temporary Event Notice (TEN) given under the Licensing Act 2003 by Mr Mitchell Humby on behalf of Yellow Door.

In reaching their decision Members considered the written objections filed by Leicestershire Police together with the oral submission made by them at the hearing. Members had also considered the TEN itself, though the applicant did not attend the hearing.

The Sub-Committee stated that whilst they had considered the matter on  ...  view the full minutes text for item 21.

There being no other items of urgent business, the meeting closed at 10.11am.