The Director of Neighbourhood and Environmental Services submits a report for an application for a review of an existing premises licence for Baltic, 128a Narborough Road, Leicester, LE3 0BT.
Minutes:
Prior to the start of the hearing, an email reportedly from Mr Nazar Obaid, the Premises Licence Holder, was received by the Sub-Committee at 10:23am on 17th November to confirm that he instructed Mr Rob Edge, licensing agent from Licence Leader Ltd, as his representative at the hearing.
Councillor Pickering, 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 for a review of an existing premises licence for Baltic, 128a Narborough Road, Leicester, LE3 0BT.
PC Jeff Pritchard and PC Robert Gist were present having made representations on behalf of Leicestershire Police. Noel Cazley, Fatema Burani and Mr Robert Lowe from Trading Standards were in attendance as witnesses. Mr Rob Edge, licensing agent was present to represent the Licence Holder. Also present were the Service Manager (Regulatory Services) and the Legal Adviser to the Sub-Committee.
Following the commencement of the hearing, Mr Edge informed the Sub-Committee that in light of information he had come across prior to the hearing, he was instructed to offer to surrender the licence with immediate effect.
PC Pritchard representing the Police asked for a short adjournment to consider the offer of a surrender of a licence.
Following a short adjournment, PC Pritchard requested the committee to determine the application for a review as the offer of a surrender did not preclude an application for a transfer of the premises licence.
Section 28 of the Licensing Act 2003 requires the Premises Licence Holder to give notice to the Licensing Authority. The Notice must be accompanied by the premises licence. The Premises Licence lapses when it is received by the Licensing Authority together with the Notice of Surrender. Section 50 of the Licensing Act 2003 makes provision for reinstatement of a licence surrendered under section 28.
Mr Edge did not object to the request by the Police for committee to proceed and determine the application for review.
Mr Edge did not want to inconvenience the committee beyond what was necessary and confirmed that he was content for the information and evidence for the review to be presented in summary form.
The Service Manager (Regulatory Services) presented the report.
PC Jeff Pritchard was given the opportunity to outline the details of the Police representation.
Mr Edge did not challenge the evidence presented at the hearing or any of the information contained in the review application and supporting evidence.
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 Democratic Support 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 as a result of the representations made to the Sub-Committee, it was satisfied that the representations by Leicestershire Police engaged the licensing objectives relating to the crime and disorder and public safety and committee accordingly determined that in light of the evidence presented to it, it was appropriate and proportionate to REVOKE the licence.
The reasons for the decision would be provided in writing to all parties within five working days.
The Premises Licence Holder would be informed of their right to appeal the decision within 21 days of receiving the decision.
Supporting documents: