Agenda and minutes

Councillor Singh-Johal 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 disclose pecuniary or other interests they may have in

the business on the agenda.

There were no declarations of interest made.

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence within a Cumulative Impact Zone for: Massawa Eritrean and Ethiopian Restaurant, 41-43 Churchgate, Leicester, LE1 3AL.

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 from Democratic Support on 0116 4546354.

(Wards affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report requiring the Sub-Committee to determine an application for a new premises licence within a Cumulative Impact Zone for Massawa Eritrean and Ethiopian Restaurant, 41-43 Churchgate, Leicester, LE1 3AL.

The Sub-Committee noted that a representation had been received in respect of this application which necessitated that the application had to be considered by Members.

The applicants Mrs Freweyni Michel and Mr Yonas Hedgu together with Mr Romi Kanuja and an interpreter, Mr Danniel Makele were present. Mr David Braithwaite (Assistant Licensing Manager, Leicestershire Police), PC Jeff Pritchard (Licensing Officer, Leicestershire Police), the Licensing Team Manager (Policy and Applications), and Legal Adviser to the Sub-Committee were also present.

The Licensing Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that a representation had been received from Leicestershire Police on 10 December 2019 which related to all four licensing objectives, namely the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm.  The Police were concerned that the applicants had failed to address how they would reduce their footprint within the established Cumulative Impact Zone.

Mr Braithwaite and PC Pritchard from Leicestershire Police were given the opportunity to outline the reasons for the representation and responded to questions from the Sub-Committee.  The Police were concerned about how the premises would manage passing night time economy trade and how it would meet the licensing objectives.

Mrs Michel outlined the reasons for the application, and answered questions

from Members and the Police.

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 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 and as such outweighed the public interest of their deliberation taking place the parties represented present.

Mrs Michel and Mr Hedgu, Mr Kanuja, Mr Makele. Mr Braithwaite, PC Jeff Pritchard, the Licensing Team Manager and 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.

Mrs Michel and Mr Hedgu, Mr Kanuja, Mr Makele. Mr Braithwaite, PC Jeff Pritchard and the Licensing Team Manager then returned to the meeting.

RESOLVED:

That the application for a new premises licence within a cumulative impact zone for Massawa Eritrean and Ethiopian Restaurant, 41-43 Churchgate, Leicester, LE1 3AL be GRANTED subject to the conditions consistent with the operating schedule  ...  view the full minutes text for item 49.

Please note that the supporting information to the report contains exempt information and is attached for Members only.  These papers are marked ‘NOT FOR PUBLICATION’.  The information in these papers will be exempt as defined in paragraphs 1, 2 and 7 of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  The information therefore must not be disclosed or discussed at the meeting.  Should members wish to refer to any of these exempt details it is recommended that the meeting move to exclude the Press and Public during its consideration.

The Director of neighbourhood and Environmental Services submits a report on an application to transfer an existing premises licence and to vary a premises licence to specify an individual as designated premises supervisor for: Efes Mangal, 26-36 Braunstone Gate, Leicester, LE3 5LG.

Report attached.  A cope 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 4546358.

(Wards affected: Westcotes)

The hearing then moved into private session for the following item under paragraphs 1, 2 and 7 of the Local Government Act 1972.

The Director of neighbourhood and Environmental Services submitted a report requiring the Sub-Committee to determine an application to transfer an existing premises licence and to vary a premises license to specify an individual as designated premises supervisor for Efes Mangal, 26-36 Braunstone Gate, Leicester, LE3 5LD.

The Sub-Committee noted that a representation had been received in respect of this application which necessitated that the application had to be considered by Members.

The applicant, Mr Omed Ganawy-Bean did not attend.  Mr David Braithwaite (Assistant Licensing Manager, Leicestershire Police), the Licensing Team Manager (Policy and Applications), and Legal Adviser to the Sub-Committee were present.

The Sub-Committee were informed by the Licensing Team Manager (Policy and Applications) that no communication had been received from the applicant regarding his non-attendance. In light of the applicant’s non-attendance and in the absence of any application to adjourn the Sub-Committee decided to proceed with the hearing.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that a representation had been received from Leicestershire Police on 16 December 2019 from Leicestershire Police in relation to the prevention of crime and disorder.

Mr Braithwaite was given the opportunity to outline the reasons for the representation and responded to questions from the Sub-Committee.

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 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 and as such outweighed the public interest of their deliberation taking place the parties represented present.

Mr Braithwaite, the Licensing Team Manager and 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.

Mr Braithwaite, the Licensing Team Manager and Legal Adviser to the Sub-Committee 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 Designated Premises Supervisor for Efes Mangal, 26-36 Braunstone Gate, Leicester, LE3 5LD be REFUSED.

REASON FOR THE DECISION:

In reaching their decision the Members of the Sub-Committee carefully considered the committee report presented by the Licensing Manager (Policy and Applications), all representations made by Leicestershire Police in support of their objections, the written representations and information submitted by the applicant, and the legal advice given during the hearing.

When considering this application, the Crime Prevention Objective was the only objective which was relevant.  ...  view the full minutes text for item 50.

There being no other urgent business the meeting closed at 12:29pm.