Agenda item

The Director of Neighbourhood and Environmental Services submits a report which asks Members to determine an application for a the grant of a Highways Amenities Licence (Street Café) for premises known as Mamba. The applicant is Mr Harjinder Athwal on behalf of the business.

The report is 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 which asked Members to determine an application for the grant of a Highways Amenities Licence (Street Café) for premises known as Mamba Bar, 29 Market Street, Leicester, LE1 6DN.

Introductions were made and the procedure for the meeting outlined.

Mr Harjinder Athwal, joint owner for Mamba Bar was present. PC Jeff Pritchard (Leicestershire Police) and Ms Lorraine Moore (Licensing Enforcement Officer) were present having made representations. Also present was the Licensing Team Manager (Enforcement) and the Legal Adviser to the Sub-Committee.

The Licensing Team Manager (Enforcement) presented the report. It was noted an application was received on 18^th July 2022 for the grant of a licence. Within the objection period there were three objections received from a local business, Leicestershire Police and Leicester City Council’s Licensing Enforcement Team, with the objections raising concerns of noise, anti-social behaviour and crime and disorder.

PC Pritchard was given the opportunity to outline the details of the Police representation and answered questions from Members.

Ms Moore was given the opportunity to outline the details of the Licensing Enforcement Team representation and answered questions from Members and Legal Adviser to the Sub-Committee.

Mr Athwal was given the opportunity to present his case, and answered questions from Members, the Police, Licensing Enforcement Officers and Legal Adviser 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 regulatory code that needed to be taken into account when making their decision,

In order to reach their decision, the Sub-Committee felt they should deliberate in private on the basis that it was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present.

In reaching their decision the Sub-Committee Members had carefully considered the written report presented by the Licensing Team Manager (Enforcement) and the written and verbal representations made by Leicestershire Police, Licensing Enforcement Team and Local Business. The Members had also considered the representation made by Mr Athwal, and the legal advice given to them during the meeting. The Sub-Committee Members had taken account of the Council’s Street Café Licensing Policy and the Regulators’ Code.

The Chair announced that full reasons for the decision would be 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.

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 Highways Amenities Licence be GRANTED to Mr Harjinder Athwal for three tables, six chairs and enclosing barriers to be placed at Mamba Bar on Market Street, Leicester in accordance with the Licensed Plan seven days a week from 1.00pm to Midnight, subject to the Council’s standard conditions, and following additional conditions:

ADDITIONAL CONDITIONS

(a)  The Licence holder shall ensure that the Licensed Area is supervised by a member of staff at all times the street café is open

(b)  The Licence holder shall ensure that the Licensed Area is fully covered by unobstructed CCTV at all times the street café is open.

(c)  The Licence holder shall ensure that a trained CCTV operative is available at all times to download and issue CCTV footage at the time of request from the police, local authority or other authorised persons.

(d)  The Licence holder shall ensure CCTV is retained for a minimum of 31 days and permit the identification of individuals in all lighting conditions. The Licence holder shall ensure it is available to the police, local authority or authorised persons at the time of request.

(e)  The Licence holder shall ensure CCTV is provided to an officer from a responsible authority within 7 days of a formal request.

(f)   The Licence holder shall ensure only drinks supplied by the premises are consumed within the Licensed Area.

(g)  The Licence holder shall ensure that all customers using the Licensed Area are seated with the exception of entry and egress.

(h)  The Licence holder shall ensure that customers do not stand and consume drinks within the Licensed Area.

(i)    The Licence holder shall complete risk assessments for the street café and if necessary in accordance with the relevant risk assessment, employ additional Security Industry Authority (SIA) door supervisors who are clearly identifiable to patrol/monitor the Licensed Area.

(j)    The Licence holder shall ensure that no amplified or unamplified music or other entertainment takes place in the Licensed Area.

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

It was noted there was no right of appeal against the decision.

The Chair at this point advised the meeting of the request to adjourn the meeting to a future date given the time of the evening which had been accepted by parties. The reconvened Sub-Committee would take place on 27^th September at 9.30am, Meeting Room G02, City Hall.

The meeting closed at 9.00pm.