Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence – 26 Belvoir Street, Leicester.

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 Support on 0116 4546354.

(Wards affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new premises licence for 26 Belvoir Street, Leicester.

The applicants, Mr. Portertibey, Mr. Simmons, Mr. Soutney, and the applicant’s solicitor, Ms. Gilligan, were present. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

The Licensing Team Manager (Policy and Applications) presented the report and answered questions from Members. It was noted  that a representation was received from the Licensing Enforcement team in objection to the application on 9th May 2022, on the grounds of the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm. Further representations were received on 16^th May 2022 from the Noise Team, on the grounds of the prevention of public nuisance.

A further three representations were made by local businesses on the grounds of the prevention of public nuisance.

The applicant had reached agreement with additional conditions with the Licensing Enforcement team, Noise team and three local businesses.

The applicants, Mr. Matthew Portertibey, Mr. Colin Simmons, Mr. Alistair Soutney, and the applicant’s solicitor, Ms. Lisa Gilligan, were given the opportunity to outline the details of the application, answer questions from Members of the Sub-Committee, 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 their 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 with the parties represented present, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

The Chair announced that full reasons for the decision would be publicly announced and confirmed in writing within five working days. The Chair informed the meeting that the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.

The Chair then asked all but Members of the Sub-Committee and Democratic Support Officers to withdraw from the meeting. Members then deliberated in private to consider their decision.

In reaching their decision the Sub-Committee Members had carefully considered the written report presented by the Licensing Team Manager (Policy and Applications) and the conditions agreed with the objectors. The Members had also considered the representations made by the applicants, their representative, and the legal advice given to them during the hearing. The Sub-Committee Members had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

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

RESOLVED:

That the application for a new premises licence for 26 Belvoir Street, Leicester be GRANTED.

Conditions were agreed with the noise team, licensing enforcement team and local businesses, as outlined at Appendix B1-B5 to the report.

Members agreed it was appropriate for the promotion of the licensing objectives to approve the applicationsubject to the conditions consistent with the operating schedule and the additional conditions agreed in the hearing with the PLH as follows:

·       That the premises invite the Noise Enforcement officer prior to the launch of the premises to assess noise levels.

The applicant would be provided with the reasons for the decision in writing within five working days.

All parties would be advised of the right to appeal the decision to the Magistrates Court.