Agenda item

The Director of Neighbourhood and Environmental Services submits a report for an application for a variation of an existing premises licence for Shisha Café, 161 Belgrave Gate, Leicester.

The Director of Neighbourhood and Environmental Services submitted a report on an application for the variation of an existing premises licence for Arsad Café Ltd.

The applicants, Mrs Joanna Doci, Designated Premises Supervisor and Mr Armando Doci were present, alongside their legal representative, Ms Victoria Cartmell. Also present was PC Pritchard (Leicestershire Police), Libby Arculus (Enforcement) and Chris White (Noise Team) having made representation. The Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager (Policy and Applications) presented the report. It was noted an application was received on 27^th November 2024 from the applicants.

PC Pritchard was given the opportunity to outline the details of the Police representation, which was made on the grounds of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm, and answered questions from Members and the applicant’s legal representative.

The meeting was adjourned for ten minutes at the request of the applicant’s legal representative to consider new information that had been brought to light by Leicestershire Police’s representation. It was noted that all parties agreed to proceed with the meeting and the meeting resume at 10:37am.

Libby Arculus was given the opportunity to outline the details of the Enforcement representation, which had originally been made on the grounds of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm, and answered questions from Members. However it was noted that an agreement had been reached between the Enforcement Team and the Applicant and therefore they had withdrawn their representation.

Chris White was given the opportunity to outline the details of the Noise Team representation, which was originally made on the grounds of the prevention of public nuisance and answered questions from Members. However it was noted that an agreement had been reached between the Noise Team and the Applicant and therefore they had withdrawn their representation.

The Applicants and their legal representative were given the opportunity to present their case, and answered questions from Members of the Sub-Committee.

All parties were 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, the Sub-Committee 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 decisions and reasons would be publicly announced and confirmed 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 asked all but Members of the Sub-Committee and Governance Services Officers to withdraw from the meeting. Members then deliberated in private to consider their 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 the variation of an existing premises licence for Arsad Café was GRANTED subject to the conditions agreed with the Noise and Pollution Control Team and Licensing Enforcement Team and subject to the following additional conditions:

1.    The current condition relating to the employment of SIA regulated staff to be modified to state: 2 SIA regulated staff will be employed from 11pm on Fridays and Saturdays. They will remain on site until the venue is closed. A log will be kept on site to record door staff details and the dates they were employed.

2.    Live music (indoors) recorded music, performance of dance and anything similar shall be allowed between 5pm and 11.59pm providing the condition relating to the noise limiting device agreed with Noise and Pollution control team is complied with.

The applicant would be provided with reasons for the decision in writing within 5 working days.

The applicant would be advised of the right to appeal the decision.