Agenda item

The Director of Environmental Services submits a report on an application for a variation of an existing premises licence within a cumulative impact zone, for Sumo, 54 Braunstone Gate, Leicester, LE3 5LG.

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on 229 8897.

The Director, Environmental Services, submitted a report that required Members to determine an application for the variation of an existing premises licence within a Cumulative Impact Zone (CIZ) for Sumo, 54 Braunstone Gate, Leicester, LE3 5LG.

Members noted that representations had been received in respect of the application, which necessitated that the application had to be considered by Members.

Mr Andrew Walder, Designated Premises Supervisor (DPS), Mr Neil Cooper (Noise Control Team), Inspector Nigel Rixon, PC Tejas Mavani and PC Jon Webb (observing) were present at the meeting. Also presented were the Solicitor to the hearing panel and Licensing Team Manager.

Introductions were made and the procedure for the meeting was outlined to those present.

The Licensing Team Manager presented the report. It was noted that a representation had been received from Leicester City Council’s Noise Team which related to the prevention of public nuisance. The hearing panel was informed that an agreement had been reached between the applicant and the Noise Team that “Licensed activities and opening times on a Sunday night shall continue to be as specified on the existing premises licence, namely 11.00 to 01.00 for licensed activities and 11.00 to 02.30 for opening times other than Sunday before a bank holiday when licensed activities shall cease at 04.00 and the premises shall close at 04.00”. Copies of the representation and agreement were attached to the report.

It was also noted that a representation had been received from Leicestershire Police which related to the prevention of crime and disorder and prevention of public nuisance.

The Police outlined the reasons for the representation and answered questions from Members:

·         The premises was sited in a CIZ, and was a busy area.

·         The premises had a large outside area which led to Braunstone Gate.

·         The applicant had not referred to the CIZ or how they would mitigate impact on the area.

·         The Police did not believe that the requested removal of conditions would affect the CIZ, however, they did not agreed with the increase in licensable activities on Sunday into Monday.

·         The Police requested additional conditions be added to the licence as listed in the report.

Mr Cooper, Noise Control Team, outlined the reasons contained in the representation and subsequent agreement, and answered questions from Members:

·         There were concerns with regards to the premises opening later on Sunday evening and noise. One issue was persons entering and leaving the premises.

·         In 2013 two Temporary Event Notices (TENs) were given, and there was a complaint at each of the events with regards to noise after 02.00, but there had been no way of ascertaining whether the noise was from Sumo.

·         Many of the complaints about the premises came from residents of the River Buildings at the rear of the premises.

·         The premises had proper use of a noise limiting device.

·         The proposal for increasing licensable activities and opening hours on Sunday evenings was made in error, and an agreement had been reached with the premises for the hours on a Sunday to remain as on the existing premises licence.

Mr Walder for the premises was then given the opportunity to respond to the points made and answered questions from Members:

·         It had become common practice that people went out later.

·         It was easier to control people leaving gradually.

·         The conditions offered by the Noise Team and the Police were accepted.

·         It was confirmed that food was provided on request.

All parties were then given the opportunity to sum up their positions and make any final comments.

Prior to Members considering the application, the Solicitor to the hearing panel advised Members of the options available to them in making a decision. Members 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.

The Licensing Team Manager, Solicitor to the hearing panel, Mr Walder, Mr Cooper, Inspector Rixon, PC Mavani and PC Webb then withdrew from the meeting.

Members then gave the application full and detailed consideration.

The Solicitor to the hearing panel was then called back into the hearing to advise on the wording of the decision.

The Licensing Team Manager, Mr Walder, Mr Cooper, Inspector Rixon, PC Mavani and PC Webb then returned to the meeting.

The Chair informed all persons present that they had recalled the Solicitor to the hearing panel for advice on the wording of their decision.

RESOLVED:

that the application for the variation of an existing premises licence be granted.

The Hearing Panel Members accepted that the application for a variation would not impact on saturation in the Cumulative Impact Zone (CIZ) and agreed to the variation of an existing premises licence within the CIZ for Sumo, 54 Braunstone Gate, Leicester, LE3 5LG. The Hearing Panel Members agreed to the removal of conditions as stated in the report. They were in agreement with the Police that two conditions should be added, along with the conditions consistent with the representation/agreement from the Noise Team. The new conditions are:

1.    CCTV must be kept for a minimum of 28 days and this must be supplied to responsible authorities upon request in a timely manner.

2.    A refusals register and incidents log must be accurately maintained, kept at the premises and available immediately upon request by a responsible authority.

3.    Licensed activities and opening times on a Sunday night shall continue to be as specified on the existing premises licence, namely 11.00 to 01.00 for licensed activities and 1100 to 0230 for opening times other than Sunday before a bank holiday when licensed activities shall cease at 04.00 and the premises shall close at 04.30.

4.    Licensed activities and opening times on a Saturday night shall be as proposed on the application for a variation of the premises licence namely 11.00 to 04.00 for licensed activities and 11.00 to 04.30 for opening times

5.    The application to remove specified conditions from the premises licence for Sumo shall be as stated on the application for a variation for a premises licence.

The Hearing Panel were confident the conditions added were necessary and proportionate for the licensing objectives to be upheld.