Agenda item

Please note that the supporting information to the report contains exempt information and is attached for Members only.  These papers are marked ‘NOT FOR PUBLICATION’.  The information in these papers will be exempt as defined in paragraphs 1, 2 and 7 of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  The information therefore must not be disclosed or discussed at the meeting.  Should members wish to refer to any of these exempt details it is recommended that the meeting move to exclude the Press and Public during its consideration.

The Director of neighbourhood and Environmental Services submits a report on an application to transfer an existing premises licence and to vary a premises licence to specify an individual as designated premises supervisor for: Efes Mangal, 26-36 Braunstone Gate, Leicester, LE3 5LG.

Report attached.  A cope 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: Westcotes)

The hearing then moved into private session for the following item under paragraphs 1, 2 and 7 of the Local Government Act 1972.

The Director of neighbourhood and Environmental Services submitted a report requiring the Sub-Committee to determine an application to transfer an existing premises licence and to vary a premises license to specify an individual as designated premises supervisor for Efes Mangal, 26-36 Braunstone Gate, Leicester, LE3 5LD.

The Sub-Committee noted that a representation had been received in respect of this application which necessitated that the application had to be considered by Members.

The applicant, Mr Omed Ganawy-Bean did not attend.  Mr David Braithwaite (Assistant Licensing Manager, Leicestershire Police), the Licensing Team Manager (Policy and Applications), and Legal Adviser to the Sub-Committee were present.

The Sub-Committee were informed by the Licensing Team Manager (Policy and Applications) that no communication had been received from the applicant regarding his non-attendance. In light of the applicant’s non-attendance and in the absence of any application to adjourn the Sub-Committee decided to proceed with the hearing.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that a representation had been received from Leicestershire Police on 16 December 2019 from Leicestershire Police in relation to the prevention of crime and disorder.

Mr Braithwaite was given the opportunity to outline the reasons for the representation and responded to questions from the Sub-Committee.

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 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 and as such outweighed the public interest of their deliberation taking place the parties represented present.

Mr Braithwaite, the Licensing Team Manager and Legal Adviser to the Sub-Committee then withdrew from the meeting.

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

The Legal Adviser to the Sub-Committee was recalled to the meeting to advise Members on the wording of their decision.

Mr Braithwaite, the Licensing Team Manager and Legal Adviser to the Sub-Committee then returned to the meeting.

RESOLVED:

That the application to transfer an existing premises licence and to vary a premises licence to specify an individual as Designated Premises Supervisor for Efes Mangal, 26-36 Braunstone Gate, Leicester, LE3 5LD be REFUSED.

REASON FOR THE DECISION:

In reaching their decision the Members of the Sub-Committee carefully considered the committee report presented by the Licensing Manager (Policy and Applications), all representations made by Leicestershire Police in support of their objections, the written representations and information submitted by the applicant, and the legal advice given during the hearing.

When considering this application, the Crime Prevention Objective was the only objective which was relevant.  The Sub-Committee considered this application on its own merits and in accordance with the licensing authority’s statement of licensing policy and guidance issued under Section 182 of the Licensing Act 2003.

In exceptional circumstances the Police can oppose the applications to transfer if they believe that the grant would undermine the Crime Prevention Objective.

The Sub-Committee confirmed that they had not taken anything put before them on face value and they had examined the available information carefully.

Objections of this nature rarely came before the Sub-Committee, and it was found that in this case the objection to the application by the police had been properly made.  The Sub-Committee had considered the details of the incident which occurred on 27October 2019 and read the explanation given to them by the applicant.  Having evaluated all of the information the Sub-Committee had concluded that the application to transfer should not be granted as it would not promote the licensing objective relating to the prevention of crime and disorder.

The Sub-Committee were unconvinced with the information put forward by the applicant which consequently led them to having no confidence in the applicant’s ability to uphold the Crime Prevention Objective.