Agenda item

The Director of Neighbourhood and Environmental Services submits a report for a new premises licence for Nelson Mandela Park, Leicester.

Councillor Pickering, as Chair welcomed all to the Committee and outlined the proceedings of the hearing.

The Director of Neighbourhood and Environmental Services submitted a report

on an Application for a New Premises Licence – Y2K Entertainment Music & Arts Limited – African Festival – Nelson Mandela Park- 26^th August 2023.

Mr Morapara and Mr Matenga, Festival Manager, Theo Markham-Crew and a representative from Showsec, Mr Wallis were in attendance. Also present was PC Pritchard from Leicestershire Police, 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 outlined details of the application.

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

The Applicants and their representatives were given the opportunity to address the Sub-Committee and answered questions from the Members.

Councillor Kitterick as the Local Ward Councillor made a representation to the Committee in objection to the application. Councillor Kitterrick joined the hearing at the midway point and due to work commitments left after making his representations.

All parties present 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 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, Members 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 the decision and reasons would be announced 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 informed the meeting that all but the Democratic Support Officers should withdraw from the room. The Sub-Committee then deliberated

in private to consider their decision.

In reviewing the Premises Licence the Sub-Committee considered the Licensing Officer’s Report and all the representations, both written and oral. The Sub-Committee took 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 be GRANTED

In making their decision members carefully considered the committee report presented by the Licensing officer, the legal advice given during the hearing, the representations made on behalf of the applicant and representations made by Leicestershire Police, the Council’s Noise and Pollution Control Team and Councillor Kitterick representing constituents in the area surrounding Nelson Mandela Park.

When considering the application, the licensing objectives were of paramount concern.  The sub-committee considered the application on its own merits and in accordance with the licensing authority’s statement of licensing policy and guidance issued under S.182 of the Licensing Act 2003.

In addition, the sub-committee had due regard to the Regulators Code and the Equality Act 2010 specifically the need to eliminate unlawful discrimination.

Members of the sub-committee confirmed that they had not taken anything put before them at face value and they had carefully scrutinised the information and evidence in detail and with due rigour.

The sub-committee’s reasons for granting the application were as follows:

1.    The sub-committee believed that the steps identified by the applicant in its operating schedule and event management plan together with the comprehensive list of conditions would ensure the promotion of the licensing Objectives

2.    The sub-committee were also assured that the cooperation by the applicant with all responsible authorities would continue and that the applicant had already demonstrated a willingness to adopt constructive measures with a view to promoting the licensing objective

3.     Members of the committee accepted many of the points made by Councillor Kitterick however they were satisfied by responses given on behalf of the applicant by the applicant’s festival manager

4.    Having examined all of the conditions carefully, members of sub-committee concluded that compliance with each would address the concerns raised by objectors and that in so doing compliance with the conditions would promote all four of the licensing objectives.