Agenda item

Councillor Hunter, Chair of the Licensing and Public Safety Committee has agreed that this item may be taken a urgent business because of the timescale given for holding a hearing in relation to a Temporary Event Notice. The timescale is set out in schedule 1 of the Licensing Act 2003 (Hearings) Regulations 2005, which says a hearing must be held in seven working days beginning with the day after the end of the period within which representations may be made.

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 (0116) 4546354.

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine an application for a temporary event notice (TEN) submitted by The Yellow Door, 34 Belvoir Street, Leicester, LE1 6QH.

Members noted that an objection notice had been received in respect of the application, which necessitated that the application for the TEN had to be considered by Members.

The applicant Mr Mitchell Humby was not present. PC Jeff Pritchard (Licensing Officer, Leicestershire Police), Licensing Team Manager, and Legal Adviser to the Sub-Committee were present. Also in attendance was a reporter from the Leicester Mercury.

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

The Licensing Team Manager presented the report and answered questions from Members. It was noted that an objection notice had been given by Leicestershire Police on the grounds of the prevention of crime and disorder, the prevention of public nuisance and public safety.

PC Pritchard outlined the reasons for the objection notice and responded to questions from Members.

PC Pritchard was then given the opportunity to sum up and make any final comments.

Prior to the Sub-Committee considering the application, the Legal Adviser to the Sub-Committee advised of the options available to them in making a 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 of their deliberation taking place with the parties represented present, in accordance with the provisions of the Licensing Act 2003 (Hearings) Regulations 2005.

The Licensing Team Manager, Legal Adviser to the Sub-Committee, PC Pritchard and reporter from the Leicester Mercury then withdrew from the meeting.

The Sub-Committee then gave the application their full and detailed consideration. The Legal Adviser to the Sub-Committee was recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, PC Pritchard and reporter from the Leicester Mercury then returned to the meeting.

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

RESOLVED:

That a counter notice under Section 105 (2) of the Licensing Act 2003 be issued for the Temporary Event Notice as it was considered appropriate for the promotion of the licensing objectives to do so.

REASON FOR THE DECISION

The Sub-Committee members had been asked to determine an objection submitted by Leicestershire Police in relation to a Temporary Event Notice (TEN) given under the Licensing Act 2003 by Mr Mitchell Humby on behalf of Yellow Door.

In reaching their decision Members considered the written objections filed by Leicestershire Police together with the oral submission made by them at the hearing. Members had also considered the TEN itself, though the applicant did not attend the hearing.

The Sub-Committee stated that whilst they had considered the matter on its own merits, they were bound to take note of the Sub-Committee’s decision on 16^th August 2019 to revoke the Premises Holders licence following an application for a review. The Sub-Committee acknowledged that its decision of 16^th August 2019 was the subject of an appeal the hearing of which was listed for 7^th and 9^th January 2020.

The Sub-Committee noted the TEN was for the period of 31^st October to 3^rd November 2019 and sought to operate licensable activities for the sale by retail of alcohol for consumption on the premises and provision of regulated entertainment for the hours 9.00pm until 5.00am on those dates. The reason given for the TEN was to celebrate Halloween.

The Police had objected to the TEN stating that they continued to have no confidence in the management of the premises to operate a safe environment for its customers and they further submitted that the management continued to place their customers at significant risk of harm. The Police had provided information on eight further incidents which they said had occurred since 6^th August 2019, including an incident on 5^th October 2019 when it was said that CCTV cameras captured two SIA registered door staff assault three members of the public several times.

Members noted that the Licensing Act 2003 Guidance in relation to the licensing objective of Crime and Disorder advised local authorities to look to the Police as the main source of advice on crime and disorder. The Sub-Committee Members stated they had scrutinised the information put before them by the Police and not taken anything at face value.

The Sub-Committee accepted the Police submission regarding the ability of the management to operate a safe environment for its customers and took heed of the Police assessment that management of the premises continued to place its customers at a significant risk of harm. The Sub-Committee said that additional hours sought from Thursday 31^st October to Sunday 3^rd November could only exacerbate the identified risks on what was said to be the second busiest period of the year. The Sub-Committee stated nothing had been placed before them by the applicant as to what additional measures would be put in place during the period requested and what steps had been taken to address the issues previously identified.

The Sub-Committee concluded that they had carefully considered the options available to them. In light of matters they had set out, their decision was that it was appropriate for the promotion of the Licensing Objectives of the prevention of crime and disorder, public safety to give the applicant a counter notice under Section 105(2) of the Licensing Act 2003.