Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for: Tigre Eyes, 7 Abbey Street, Leicester, LE1 3TE

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 phone Democratic Support on 0116 4546358

(Wards affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report that required the Sub-Committee to determine an application for a new premises licence within the Cumulative Impact Zone for Tigre Eyes, 7 Abbey Street, Leicester, LE1 3TE

The Sub-Committee noted that a representation had been received which necessitated that the application for a new premises had to be considered by the Sub-Committee.

The applicant Alina-Iuliana Axinte was present with her licensing agent Mr Anil Bhawsar. Mr Nigel Rixon and PC Pritchard from Leicestershire Police were present at the meeting. The Licensing Team Manager and The Legal Advisor to the Sub-Committee were also present.

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

The Licensing Team Manager presented the report and outlined details of the application. It was noted that a representation had been received from Leicestershire Police on 7 February 2019 relating to the licensing objective of the prevention of crime and disorder, the prevention of public nuisance and public safety and concerns that the restaurant was located within a Cumulative Impact Zone.

Mr Rixon and PC Pritchard outlined the reasons for the police’s representation and answered questions from the Sub-Committee.

The applicant Alina-Iuliana Axinte and her licensing agent were then given the opportunity to respond to the points made and answered questions from the sub-Committee and the Police.

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

Prior to the Sub-Committee considering the application, the Legal Advisor to the Sub-Committee advised on the options available to them in making a decision, and 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 being present.

The Licensing Team Manager, Legal Advisor to the Sub-Committee, Mr Rixon, PC Pritchard from Leicestershire Police, the applicant Alina-Iuliana Axinte and the licensing agent Mr Anil Bhawsar then withdrew from the meeting.

The Sub-Committee then gave the application full and detailed consideration.

The Legal Advisor to the Sub-Committee was recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, Mr Rixon and PC Pritchard from Leicestershire Police, the applicant Alina-Iuliana Axinte and the licensing agent Mr Anil Bhawsar then returned to the meeting.

The Chair informed all persons that they had recalled the Legal Advisor to the Sub-Committee for advice on the wording of the decision.

RESOLVED:

That the application for a new premises licence within a Cumulative Impact Zone, Tigre Eyes Restaurant, 7 Abbey Street, Leicester, LE1 3TE, be GRANTED.

REASON FOR THE DECISION:

Having listened carefully to all representations and taken into account the Statutory Guidance and the Council’s Licensing Policy on Cumulative Impact in relation to the Churchgate area of the city.

The Sub-Committee decided that granting the licence subject to the conditions put forward by the applicant and Leicestershire Police would not add to the existing problems of cumulative impact in the area.

CONDITIONS CONSISTENT WITH THE REPRESENTATION FROM LEICESTERSHIRE POLICE

1.     CCTV to be installed as indicated in the application sketch plan and recording whilst the premises are open to the public.

2.     CCTV must be retained for a minimum of 28 days.

3.     CCTV to be accessible in a viewable and recordable format to the Police and Local Authority within 72 hours of being requested.

4.     An onsite member of staff must be present who can operate the CCTV recording system whilst the premises is open to the public.

5.     A ‘Challenge 25 Policy’ to be adopted and enforced in line with the British Beer & Pub Association (BBPA).

6.     Alcohol to be consumed on the premises only.

7.     Customers are not permitted to consume/supply their own alcohol whilst on the premises.

8.     Smoking to the front of the premises onto Abbey Street will not be permitted.

9.     No more than five persons allowed to smoke outside / to the rear of the premises at any one time.

10.  No customers to remain on the premises after the hours that the premises are permitted to remain open to the public.

11.      All external doors to be closed with the exception of entry/exit, whilst live music and recorded music is being played at the premises.

12.      Alcohol only to be sold and consumed on the ground floor part of the premises.

In addition to the conditions put forward by the parties, the Sub-Committee attached two further conditions to the operating schedule, these being:

1.  Alcohol only to be served in the premises when food is served

2.   When a private function is held, the premises licence holder will display a sign to state the premises are closed for a private function.