Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a variation of an existing premises licence – Martin Bros, 117 Clarendon Park Road, 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 the variation of an existing premises licence for Martin Bros, 117 Clarendon Park Road, Leicester.

The applicant, Mr Aaron Martin, was present with Mr Solanki, worker at Martin Bros Pizza Co. Mr Ian Brown, Friends of Clarendon Park, who had put forward representation was present. It was noted that Mr Brown would also be presenting Ms Sally William’s representation on her behalf. 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 two representations were received in objection to the variation of a premises licence from two members of the public on 17^th May 2022 on the grounds of the prevention of public nuisance.

Mr Ian Brown was given the opportunity to outline the details of the representations and answered questions from Members and the Licensing Team Manager.

Mr Martin and Mr Solanki were given the opportunity to present their case and answered questions from Members, the Licensing Team Manager and the Legal Advisor to the Sub-Committee.

All parties were 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 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 could 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 written and verbal representations made by members of the public. The Members had also considered the representations made by the PLH, Mr, Martin 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 the variation of the premises licence be GRANTED.

Members agreed it was appropriate for the promotion of the licensing objective of the prevention of public nuisance, 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:

·       Any anti-social or disruptive behaviour will not be tolerated.

·       Noise levels will be set to prevent break out of sound and vibration to neighbouring properties .

·       Doors and windows will remain shut save for access and egress when regulated entertainment is taking place.

·       Notices will be clearly sited advising customers to leave quietly and with respect to local residents.

·       Crowds will be asked to disperse if formed in the vicinity of the premises.

·       Provision of food or snacks on Sundays during extended hours.

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.