Agenda item

The Director of Neighbourhoods and Environmental Services submits a report.

Councillor Singh Johal, 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 for The Coronation Lounge, 205 Catherine Street, Leicester.

The Applicant Mr Trishan Patel and his representative, Mr Anil Bhavsar were in attendance. Also in attendance was the Licensing Team Manager (Policy and Applications), the Legal Adviser to the Sub-Committee, Mr Matthew Robinson (Licensing Enforcement officer), and Mr Allistair Hollis (Pollution Control Officer).

 

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application.

A representation was received on 18 January 2024 from the Licensing Enforcement team. Mr Robinson was given the opportunity to address the Sub-Committee and present his representation which had concerns around the operating schedule and how the applicant would promote the four licensing objectives.

 

A second representation was received on 23 January 2024, in relation to the prevention of public nuisance. Mr Hollis was given the opportunity to address the Sub-Committee and present his representation that concerned that the close proximity of the premises location in relation to the residential properties surrounding the premises.

 

Both representees had sought to reach agreement with the applicant on the proposed amendments to the operating schedule.

 

The applicant, Mr Trishan Patel was given the opportunity to address the Sub-Committee and answered questions from the Members and Officers.

 

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 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 The Corporation Lounge – 205 Catherine Street, Leicester be GRANTED, subject to the conditions agreed with the Licensing Enforcement Team and the Noise and Pollution Control Team and one additional condition.

 

As a result of what they had heard, the Sub-Committee Members were satisfied that it was appropriate and proportionate considering the licensing objectives to GRANT the application subject to the conditions agreed with the Licensing Enforcement Team and the Noise and Pollution Control Team and one additional condition. 

 

Conditions:

 

1.    When the designated premises supervisor is not on duty, a contact telephone number will be available at all times.

 

2.    All spirits will be stored and behind the counter.

 

3.    Premises will not admit persons who are visibly intoxicated and staff should be trained regarding responsible alcohol sales, identifying drunkenness and preventing alcohol sales to them.

 

4.    All areas within the public area will be kept clear from obstruction.

 

5.    Proxy signs will be on display warning adults about the law surrounding buying alcohol for children.

 

6.    Staff will monitor the outside area to identify any potential proxy purchasing concerns.

 

7.    The licence holder will ensure a high definition, colour HD CCTV camera system is installed, operational and recording whilst the premises is open to the public. The system must permit the identification of individuals in all lighting conditions. Cameras must cover all areas that the public have access to, including the entrance, exit and pavement area immediately outside the front of the premises.

 

8.    The licence holder will ensure CCTV images must be securely stored, display an accurate date/time stamp and be retained for a minimum of 31 days.

 

9.    The licence holder will ensure that viewable CCTV images are provided in a downloadable format to an officer from a responsible authority within fourteen days of a request.

 

10.  The licence holder will operate a Challenge 25 policy with the only acceptable proof of age identification consisting of a current passport, photo card driving licence, citizen card or identification carrying a PASS logo. A training record must be kept on the premises, retained for twelve months and produced to an officer from a responsible authority upon request.

 

11.  The licence holder will ensure all refusals and incidents are recorded and logged. These records will be kept on site and made available to the authorities upon request.

 

12.  The licence holder will ensure that a full fire risk assessment will be conducted and reviewed and implemented in line with Fire Safety Legislation annually.

 

13.  Opening hours to be:

 

Sunday to Thursday 09:00hrs to 00:30hrs

Friday and Saturday 09:00hrs to 01:30hrs

 

14.  All licensable activity and late night refreshment/regulated entertainment to be

operational during the following times:

 

Sunday to Thursday 09:00hrs to 00:00hrs

Friday and Saturday 09:00hrs to 01:00hrs

 

15.  The opening hours and the hours during which the licensable activities are operational on Fridays and Saturdays includes all Bank Holidays except for Christmas Day and Boxing Day.

 

16.  The Premises Licence Holder or a person nominated by them in writing for the purpose will employ SIA door staff on a risk assessed basis. The risk assessment shall be in writing and shall be made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police.

 

17.  There will be regular safety checks of areas such as toilets and entrances/exits and they will be recorded in a log book which will be kept on the premises and immediately available upon request from any authority officers.

 

18.  Clear and legible notices must be prominently displayed at any area used for smoking requesting customers to respect the needs of local residents and use the area quietly.

 

19.  Customers will not be permitted to consume alcohol or late-night refreshments supplied by the premises outside of the premises after 23:00hrs.

 

20.  All external windows and doors must be kept shut at all times after 23:00hrs to prevent noise and disturbance to local residents. Doors may be opened for normal entrance and egress of people but must be shut immediately thereafter.

 

21.  The premises will not provide dedicated screens that can be seen by customers outside or members of the public.

 

22.  Emptying, dispensing or disposing of bottles must only be conducted between 07:00hrs and 22:00hrs.

 

23.  The Licence is subject to Leicester City Council’s Standard Conditions for Places of Public Entertainment, published on the Licensing Authority’s website

www.leicester.gov.uk/licensing

24.  The licence holder will ensure all external doors and windows are kept closed, other than for access and egress, in all rooms when events involving live and recorded music and speech are taking place.

 

25.  Prominent, clear notices shall be displayed at all exits requesting customers and staff respect the needs of local residents by keeping noise to a minimum when outside the premises and when leaving the premises.

 

26.  The licence holder must comply with all current laws, rules and regulations regarding CCTV and image capture.

 

REASONS

 

Members accepted the concerns raised within the representations, however, were of the opinion that the imposition of the additional conditions, which were justifiable, proportionate and were sufficient to mitigate concerns raised regarding the premises.  Members were also of the opinion that the additional conditions would ensure the Applicant would manage the premises in a manner that will promote and uphold the licensing objectives and in compliance with the requirements of the Licensing Act 2003.

 

The Sub-Committee’s decision was made in the interests of promoting the licensing objectives.

 

Any appeal against the decision must be made within 21 days to the Magistrates Court.