This is a default template, your custom branding appears to be missing.
The custom branding should be at https://www.leicester.gov.uk/cabinet-pages-template/ if you cannot load this page please contact your IT.

Agenda item

Agenda item

APPLICATION FOR A REVIEW OF AN EXISTING PREMISES LICENCE, NATTERJACKS, 52A BRAUNSTONE GATE, LEICESTER, LE3 5LG

The Director of Neighbourhood and Environmental Services submits a report on an application for a review of an existing Premises Licence for Natterjacks, 52A Braunstone Gate, Leicester, LE3 5LG.

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report on an application for a review of an existing Premises Licence for Natterjacks, 52A Braunstone Gate, Leicester, LE3 5LG.

 

The applicant, Mr Manoj Kumar was present. Mr Allistair Hollis (Noise and Pollution Control Team), the Licensing Team Manager (Policy and Applications), and the Legal Adviser to the Sub-Committee were also present.

 

The Licensing Team Manager presented the report and outlined details of the application. It was noted that a review application was received on 6 July 2021 from the  Noise and Pollution Control Team.

 

Mr Hollis was given the opportunity to address the Sub-Committee and answer questions from Members, Officers, and the applicant.

 

Mr Kumar was given the opportunity to put forward his case, address concerns raised by the Noise and Pollution Control Team, and answer questions from Members and Officers.

 

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

 

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present.

 

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 Chair announced that the decision and reasons made during private deliberation would be publicly announced in writing within five working days. The Chair informed the meeting 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 Members of the Sub-Committee and Democratic Support Officers to leave the meeting. The Sub-Committee then deliberated in private to consider their decision.

 

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

 

RESOLVED:

That the Premises Licence for Natterjacks, 52A Braunstone Gate, Leicester, LE3 5LG be MODIFIED WITH NEW CONDITIONS.

 

In reaching their decision, the Sub-Committee had carefully considered the Sub-Committee report presented by the Licensing Officer, the application for review made by the  Noise and Pollution Control Team in its capacity as Responsible Authority, the representation received from a resident, the representations made on behalf the Premises Licence Holder and the legal advice given during the hearing.

 

The Sub-Committee had been asked to determine an application for a Review of a Licence held at 52a Braunstone Gate, Leicester. When considering the application, the licensing objectives were of paramount concern.  The Sub-Committee had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy and guidance issued under S.182 of the Licensing Act 2003.

 

The current licensable activities which were the subject of the review were set out in paragraph 5.2 of Licensing Officer’s report to the Sub-Committee.

 

The review application concerned noise nuisance being caused to residents due to the use of the rear outdoor seating area and the backdoor being left open.

 

Complaints relating to noise had been received by the Noise and Pollution Control Team from April 2021 with a noise nuisance being witnessed by the team on 4th June and 27th June 2021 about the use of the rear decking area. A further nuisance occurred on 17th July 2021 following which Noise Abatement Notices were served upon the Premises Licence Holder (PLH) and the Designated Premises Supervisor (DPS).

 

In response, the PLH Mr Manoj Kumar opposed the grounds for review. He explained that the rear decking area was constructed in 2020 and the business reopened in April 2021 but subject to government guidelines relating to Coronavirus. These required the business to keep windows and doors open and to serve to seated customers. Prior to April 2021, there had been no real complaints. Mr Kumar informed the Sub-Committee that since 17th July 2021 he had put in place management controls and there had been no further complaints. 

 

The Sub-Committee confirmed they had not taken anything put before them on face value and had scrutinised the evidence in detail.

 

The Sub-Committee had considered each of the options available to them.

 

As a result of what they had heard, the Sub-Committee were satisfied that the representations by the Noise and Pollution Control Team engaged one of the four licensing objectives and concluded that it was appropriate and proportionate in light of the Licensing Objective relating to the prevention of public nuisance to modify the conditions of the licence to include the following additional condition:

 

·         The applicant may use the rear decking area as overspill until 10pm from Sunday to Thursday and until 12 midnight on a Friday and Saturday

 

Reasons for the Decision

 

1.    The Sub-Committee believed that the cause of the concerns which gave rise to the application for review was the use of the rear decking area and the opening of doors and windows

2.    The Sub-Committee accepted the evidence of the Responsible Authority that the area at the back namely Bede Street was a residential area and very different in nature to Braunstone Gate. The area was quieter at night and the nearest resident was less than 15 metres away from the rear fire door to the outdoor decking area.

3.    The condition which the Sub-Committee added would address the licensing objective relating to the prevention of public nuisance. The Sub-Committee also believed the added condition would address the cause of the concerns which led to the application for a review being submitted.

4.    Additionally, the Sub-Committee advised the PLH to consider building an internal door and create a lobby in order to prevent noise breakout.

 

Supporting documents: