Agenda item

The Director of Neighbourhood and Environmental Services submits a report for an application for a variation of an existing premises licence for Tonne, 1-3 St. Martins Walk, Leicester LE1 5DG.

Councillor Singh Johal, as Chair led on introductions and outlined the procedure the hearing would follow.

The Director of Neighbourhood and Environmental Services submitted a report on an application under the Licensing Act 2003 for a variation to an existing premises licence for Tonne, 1-3 St. Martins Walk, Leicester LE1 5DG.

Mr Nicholas Ameer-Beg was present on behalf of the Applicant Habitual Ventures Ltd. PC Karl Turner, Leicestershire Police was also in attendance. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee and an observer.

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

A representation was received on 25 November 2024 from the Police. The representation related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The representee was concerned that overall, the application was vague and did not provide specific details about how the operator would promote and uphold the licensing objectives. The application lacked specific details about the premises CCTV system, its coverage, retention period and how it could be accessed by the responsible authorities. Similarly, there was no reference to the venue’s security provision, given the potential risks of operating in the night-time economy, when alcohol violent crime in the city centre increased.  Given the high concentration of licensed premises in the area who supplied alcohol into the night-time economy / early hours of the morning, did unfortunately occasionally result in alcohol related violent crime, disorder and anti-social behaviour in the area. The Police proposed conditions to be added to the licence. They were not able to reach an agreement with the applicant.

PC Turner, Police Constable for Leicestershire Police, was given the opportunity to outline the details of the Police’s review application and answered questions from Members and officers.

Mr Ameer-Beg 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 Sub-Committee’s decision is that it is appropriate for the promotion of the licensing objectives to vary the Premises Licence as follows:

                                        (i)         to add to the Licence, authorisation for the playing of live music both Indoors and Outdoors seven days a week, from 1pm through to 2am on Sunday to Thursday and from 1pm through to 3am on Friday and Saturday.

                                       (ii)         to add to the Licence, authorisation for the provision of late night refreshment Outdoors and the playing of recorded music Outdoors seven days a week from 12noon to 3am.

                                     (iii)         to extend by one hour to 3am seven days a week, the authorisation for the provision of late night refreshment Indoors and the playing of recorded music Indoors.

                                     (iv)         to extend by 40 minutes to 2.40am seven days a week, the authorisation to supply alcohol for consumption ON and OFF the premises. 

SUBJECT to the conditions detailed in Appendix D of the Licensing Officer’s Report.

REASONS

In considering the application by Habitual Ventures Ltd for variation of the Premises Licence it holds for Tonne, 1-3 St. Martins Walk, Leicester, the Sub-Committee has considered the Licensing Officer’s Report and all the relevant representations, both written and oral. The Sub-Committee has taken account of all relevant legislation, the Statutory Guidance, the Regulators’ Code, and the Council’s Licensing Policy. The Sub-Committee has had regard in its deliberations to the steps appropriate to promote the licensing objectives in the overall interest of the local community and has decided the matter on its merits on the evidence presented to it. The Sub-Committee has had regard to the public sector equality duty detailed in section 149 the Equality Act 2010 and has taken a risk based approach to its decision which has been made on the balance of probability. The Sub-Committee has, as it is required to do, limited its deliberation to the promotion of the licensing objectives (with each licensing objective being of equal importance) and nothing outside of those parameters.

Tonne is located within St Martins Square. There are other licensed premises in the area. The premises comprise a ground floor and a first-floor area together with a large external seating area immediately outside the front of the premises on St Martins Walk. The premises has been licensed since 2017 and at the time of the application opened seven days a week from 9am through to 2am. The Sub-Committee was informed that despite the availability of seating, the premises was operated as an alcohol led, stand up bar with a capacity of approximately 150.

Habitual Ventures Ltd, which holds the Premises Licence, was incorporated in 2017. The sole director and the person with significant control of the Company is Nicholas Ameer-Beg. He is also the Designated Premises Supervisor. The Licence provided authorisation seven days a week from 11pm to 2am for the provision of late night refreshment Indoors, and seven days a week from 9am through to 2am for the playing of recorded music Indoors and the supply of alcohol for consumption On and Off the premises.

The variation sought: (i) addition to the Licence of authorisation for the playing of live music both Indoors and Outdoors seven days a week, from 1pm through to 2am on Sunday to Thursday and from 1pm through to 3am on Friday and Saturday; (ii) addition to the Licence of authorisation for the provision of late night refreshment Outdoors and the playing of recorded music Outdoors seven days a week from 12noon to 3am; (iii) extension by one hour to 3am seven days a week, the authorisation for the provision of late night refreshment Indoors and the playing of recorded music Indoors; and (iv) extension by one hour to 3am seven days a week, the authorisation to supply alcohol for consumption ON and OFF the premises.

The Sub-Committee noted that no representations had been received from residents, local businesses, or any Responsible Authorities other than Leicestershire Police.

Representations were originally received from the Police in opposition to the application based on all the licensing objectives. However, they proposed nine conditions could be added to the Licence which if agreed would deal with their objection. The Applicant had not agreed these conditions in advance but confirmed at the hearing its agreement to eight of the conditions. The only point of contention was in connection with the requested variation to extend the authorisation to supply alcohol for consumption ON and OFF the premises by one hour to 3am seven days a week. The Applicant asked the Sub-Committee to allow that variation while the Police requested that the supply of alcohol cease no later than 2.40am daily. The Sub-Committee did not stray into undisputed areas so that was the only issue to decide.

The Police indicated that crime at the venue was low with only one reported incident in the previous year when at new year the premises was open beyond its licensed hours and an argument between two customers culminated in a fight in the street. However, the Police had been concerned that the variation application had been vague and had lacked specific detail as to how the licensing objectives would be promoted and upheld specifically as regards the provision of CCTV coverage and security at the premises. Their concern related to the possibility of alcohol related crime and disorder and anti-social behaviour in the night-time economy / early hours of the morning. The Police referred the Sub-Committee to the licensed hours of other premises in the area, which the Licensing Officer subsequently confirmed as: Bar Tropicia opening hours Monday to Sunday 10am through to 2am; O’Neills opening hours Sunday to Wednesday 7am through to 12.30am and Thursday to Saturday 7am through to 2.30am (alcohol ceases 30 minutes before daily closing time); Bottle Garden, opening hours Monday to Thursday 11am to 11.30pm, Friday to Saturday 11am through to 1.30am and Sunday 11am to 9.30pm (alcohol ceases 30 minutes before daily closing time); Little Sister opening hours Monday to Tuesday 12 Noon to Midnight, Wednesday to Friday 12 Noon to 4am, Saturday 10am through to 4am and Sunday 12 Noon to 11pm (alcohol ceases 30 minutes before daily closing time). The Police believed that a 20 minute ‘drinking up’ period to aid customer dispersal was appropriate and proportionate in this particular case.

Mr Ameer-Beg explained that he also runs another licensed venue which has been without incident in the previous seven years. He did not take issue with a ‘drinking up’ period but mooted why the sale of alcohol should not finish at 3am with the premises closing later at for example 3.30am. He felt that the 2.40am cessation left the business at a commercial disadvantage to other licensed premises in the area.

The Sub-Committee noted that a ‘drinking up’ period can be appropriate. The consumption of alcohol is not a licensable activity so it is perfectly permissible for premises to allow the consumption of previously purchased alcohol subject to opening hours commensurate with planning permission. In this case, the Police had requested this particular period and it has been an exercise of judgement for the Sub-Committee. Any aspect of ‘commercial disadvantage’ is not a relevant consideration as it does not relate to any of the licensing objectives. Rather, the Sub-Committee notes the Statutory Guidance which details: “Licensing authorities should look to the police as the main source of advice on crime and disorder.” The Sub-Committee believes it is appropriate and proportionate for the supply of alcohol to cease no later than 2.40am daily.

The previous conditions on the Premises Licence were light in detail and the Sub-Committee believes the conditions to which the Licence is now made subject are appropriate for the promotion of the licensing objectives and they are proportionate.

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