Agenda item

The Director of Neighbourhood and Environmental Services submits a report for an application of a new premises licence for Baton Rouge at Queens, Orton Square, 41 Rutland Street, Leicester LE1 1RG.

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

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new premises licence for Baton Rouge at Queens, Orton Square, 41 Rutland Street, Leicester LE1 1RG.

The Applicant Mr Matthew Hogg was in attendance. Also in attendance was Elizabeth Arculus, Licensing Enforcement team, and Alistair Hollis, Noise and Pollution team. Ms Victoria Trueman and Ms Erica Cross were present as objectors. Also present was the Head of Regulatory Service and the Legal Adviser to the Sub-Committee.

The Head of Regulatory Service presented the report and outlined details of the application.

Eleven representations were received between 12 April 2024 and 3 May 2024 from members of the public. The representations related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The residents were concerned that the proposed hours of opening and licensable activities will lead to noise, litter and disruption for local residents and that the late hours may encourage people to loiter in the area leading to criminal and antisocial behaviour.

A representation was received on 30 April 2024 from the Licensing Enforcement team. The representation related to the prevention of public nuisance, public safety, the prevention of crime and disorder and the protection of children from harm. An agreement had been reached between the applicant and the Licensing Enforcement team.

A representation was received on 29 April 2024 from the Leicester City Council Noise Team. The representation related to the prevention of public nuisance. An agreement had been reached between the applicant and the Noise Team.

Mr Hollis, Pollution Control Officer was given the opportunity to outline the details of their representation and answered questions from Members and Objectors.

Ms Arculus, Licensing Officer was given the opportunity to outline the details of their representation and answered questions from Members.

Ms Trueman and Ms Cross were given the opportunity to opportunity to outline the details of their representation and answered questions from Members.

Mr Hogg was given the opportunity to address the Sub-Committee and answered questions from Members, Officers and Objectors.

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 Baton Rouge at Queens, Orton Square, 41 Rutland Street, Leicester LE1 1RG be GRANTED, subject to the conditions agreed to with the Noise and Pollution Control Team and the Licensing Enforcement Team and the following additional conditions.

Conditions:

1.    No alcohol shall be served in the outside area after 6pm on any day.

2.    No deliveries shall, take place after 6pm on any day.

3.    Installation of a noise limiting device both in the basement and the ground floor area. Noise level limits to be set by the Noise and Pollution control team.

REASONS

1.    The sub-committee concluded that the agreed conditions together with the additional conditions imposed by the sub-committee would not only promote the licensing objectives but also address the concerns raised by all objectors.

2.    The sub-committee were confident that the installations of the Noise limiting devices would alleviate most of the concerns expressed by residents.

3.    The sub-committee were assured by the representations made by Mr Hogg that the applicant would work with residents of the Queens Building to ensure that residents were not subjected to unreasonable noise and that action would be taken by the premises in relation to any challenging behaviour from customers.

4.    The sub-committee recommends that the applicant meets periodically with those representing the Queens Building Tenants Association with a view to discussing any issues relating to the premises.

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.