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Agenda item

Agenda item

APPLICATION FOR A REVIEW OF AN EXISTING PREMISES LICENCE: MARIO (KNOWN AS PERI PERI PEPPER), 175 FOSSE ROAD NORTH, LEICESTER, LE3 5EZ

The Director of Neighbourhood and Environmental Services submits a report.

Minutes:

Introductions made and the procedure for the meeting was outlined.

 

The Chair confirmed with the Sub-Committee Members that reports for the meeting had been read and that CCTV footage had been viewed.

 

The Director of Neighbourhood and Environmental Services submitted a report on an application for the review of an existing premises licence for Mario (known as Peri Peri Pepper), 175 Fosse Road North, Leicester, LE3 5EZ.

 

The Premises Licence Holder (PLH) was present. Mr Dave Braithwaite (Deputy Licensing Manager, Leicestershire Police), Licensing Team Manager (Policy and Applications) and Legal Adviser to the Sub-Committee were also present.

 

The Licensing Team Manager (Policy and Applications) presented the report and outlined the details of the application. Members noted that an application was received on 7th December 2020 from Leicestershire Police for a review of the existing premises licence on the grounds of the prevention of crime and disorder and public safety. Leicestershire Police were concerned that there had been two incidents of a similar nature at the premises or directly outside. There was evidence to show the premises were not being run in an acceptable manner by the management team and they were not supporting the licensing objectives.

 

CCTV evidence of an incident that took place on 11 July 2020 involving the licence holder and employees of the premises had been made available to Members and the Licence Holder and had been viewed prior to the hearing taking place.

 

Mr Dave Braithwaite for Leicestershire Police was given the opportunity to outline the reasons for the review application and answered questions from Members.

 

The Premises Licence Holder was given the opportunity to present his case, and answered questions from the Police.

 

For clarity on points made by the Premises Licence Holder, Members also asked questions of the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

 

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

 

The Sub-Committee received legal advice form 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 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 the Members of the Sub-Committee and Democratic Support Officers to disconnect from the meeting. The Sub-Committee then deliberated in private to consider their decision.

 

The Legal Adviser to the Sub-Committee was called back to the meeting to give advice on the wording of the decision.

 

RESOLVED:

That the premises licence for Mario (known as Peri Peri Pepper), 175 Fosse Road North, Leicester, LE3 5EZ, be REVOKED

 

The Sub-Committee Members had been asked to determine an application made under the Licensing Act 2003, for the Review of the Premises Licence. In reaching their decision, Members of the Sub-Committee had carefully considered the committee report presented by the Team Manager (Policy and Applications) and the representations made by Leicestershire Police in support of the Application for a Review. The Members had also considered the representations made by the Premises Licence Holder (PLH) and taken into account the legal advice given to them during the hearing

 

The Sub-Committee Members considered the licensing objectives to be of paramount concern and had considered the 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.

 

Leicestershire Police had applied for the review as they were satisfied that the premises were not being run in an acceptable manner by the management team and that they were not promoting the licensing objectives.

 

The Sub-Committee Members had considered carefully the representations made by the PLH.

 

The Members had not taken anything presented to them at face value and they confirmed that they had scrutinised the information put before them by all parties.

 

The Sub-Committee had considered each of the options available to them. As a result of what they had heard, Members were satisfied that that it was appropriate and proportionate in light of the licensing objectives to revoke the premises licence.

 

Reasons for the Decision

 

Members accepted the evidence presented by the police and were satisfied that the premises were not being run in an acceptable manner by the management team and that the PLH was unable to promote or uphold the licensing objectives. The Members had no confidence that the premises was being run responsibly or in compliance with the requirements of the Licensing Act 2003.

 

The Sub-Committee’s decision was made in the interests of promoting the licensing objectives, particularly public safety and the prevention of crime and disorder.

 

The PLH would be informed that an appeal against the decision must be made within 21 days to the Magistrates Court.

Supporting documents: