Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a Temporary Event Notice for King Mario's Pizza, 1 Linton Street, Leicester, LE5 5JB.

Councillor Pickering as Chair welcomed led on introductions and outlined the procedure of the meeting.

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine objections relating to a Temporary Event Notices (TENs) submitted by the applicant Ms Pujara for King Mario's Pizza, 1 Linton Street.

The sub-committee noted that objection notices had been received from the Leicestershire Police and the Noise and Pollution Control Team in respect of the a Temporary Event Notices (TENs) which necessitated that the Temporary Event Notices be considered by the sub-committee.

The notice giver Ms Himali Bipinbhai Pujara was accompanied by Mr Jignesh Bipinbhai Poojara, the owner of business, and Dolly Mavji Lodhari, the business partner. Also in attendance was Paul Hardwick and Chris Brown, Leicestershire Police, and Jasvinder Mann, Noise and Pollution team. 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. It was noted that an objection had been received from the Noise and Pollution Control Team on 18 March 2024 from Leicestershire Police on the grounds of the prevention of crime and disorder, the prevention of public nuisance and public safety.

A second objection notice was received on 18 March 2024 from the Noise Team on the grounds of the prevention of public nuisance.

Paul Hardwick and Sergeant Chris Brown from Leicestershire Police, were given the opportunity to outline the reasons for objection and answered questions from Members.

Mr Mann, Noise and Pollution Control Officer was given the opportunity to outline the reasons for objection and answered questions from Members.

Ms Pujara and Mr Poojara were given the opportunity to respond to the objection and outlined their reasons for the application and the ways in which they were addressing the licensing objectives.

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 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:

The Sub-Committee’s decision was that it was appropriate for the promotion of the licensing objective of the prevention of crime and disorder, the prevention of public nuisance and public safety that the event should not go ahead. A Counter Notice would therefore be given.

REASONS

The Sub-Committee accepted the objections put forward by the Police and the Noise team and concluded that the licensing objective would be undermined were the TEN to be granted. The TEN if granted would have allowed the premises to open until 4am and this in the opinion of the sub-committee would add to the saturation problems in the area and contribute to the vehicle and foot traffic which was causing nuisance to the residents in the area. The sub-committee accepted that the applicant himself and his business had not been involved in the crime and disorder in the area but nevertheless concluded that the licensing objectives would not be upheld if the TEN was granted. The sub-committee concluded that If the event were allowed to proceed it would result in unacceptable nuisance to residents.

Members noted that they were not able to impose conditions in the event authorisation was given for the activities.

Members had regard to the Statutory Guidance issued under s182 of the Licensing Act 2003.

Members had, in accordance with the Regulators’ Code, taken a risk-based approach to the decision. The decision was made on the balance of probability.