The Director of Neighbourhood and Environmental Services submits a report.
Minutes:
The meeting on 24th November 2021, was reconvened to consider information requested by members.
The meeting reconvened at 10:00am on the 4th January 2022.
Introductions were made and the Chair outlined the procedure for the meeting again to those present.
The Applicant was present, accompanied by Designated Premises Supervisor (DPS), Licensing expert, interpreter, and an observer. PC Jefferson Pritchard (Leicestershire Police), Mr Tj Mavani (Licensing Team Manager (Enforcement) )) and Mr Matthew Robinson (Licensing Enforcement Officer) were present as persons who had made representations. The Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee were also present.
The Licensing Team Manager (Policy and Applications) explained the additional information requested by Members had been received and reviewed by Members and officers. She then summarised the previous hearing for all present.
The Licensing Enforcement Officer then provided an update and answered questions from Members, Officers and the Applicant and representatives.
The Licensing Enforcement Officer explained that the applicant had previously stated that they have gained experience at a local premise in Leicester City Centre, completed a mentoring programme and also completed work experience in Birmingham, that they were asked to provide references, evidence of training and certificates due to previous concern around lack of experience. The information had not been provided and when the training provider was contacted for the information, no consent was given to prove training was completed.
PC Pritchard was given the opportunity to put forward his representation and answered questions from Members. He expressed concerns should the application be granted.
The Licensing Expert for the applicant and the applicant through his translator were given the opportunity to make further comments with regards to the application and additional information received having heard from the Licensing Enforcement Officer, and answered questions from Members, Licensing Team Manager (Enforcement), Licensing Enforcement Officer and Licensing Team Manager (Policy and Applications).
All parties were then 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 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 decision and reasons would be publicly announced 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 informed the meeting that all but the Democratic Support Officers should withdraw from the room. 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 application for a new premises license within a Cumulative Impact Zone be REFUSED.
In reaching their decision the Sub-Committee Members carefully considered the Committee report presented by the Licensing Team Manager (Policy and Applications), all representations and the legal advice provided.
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 Council’s Licensing Policy on Cumulative Impact in relation to the Churchgate area of the city and the Statutory Guidance issued under Section 182 of the Licensing Act 2003.
The Sub-Committee had considered carefully all the representations from the relevant authorities and those made by the applicant.
Members had not taken anything presented to them at face value and confirmed they had scrutinised the information put before them by all parties.
The Sub-Committee had considered all the decisions available to them. As a result of what they had heard, Members were satisfied that it was appropriate and proportionate considering the licensing objectives to REFUSEthe application.
REASON FOR THE DECISION
1. Members accepted the evidence presented by Leicestershire Police and the Licensing Enforcement Team at Leicester City Council and decided that granting the licence would add to the existing problems of cumulative impact in the area.
2. Despite further time having been given to the Applicant to provide comprehensive proof of their experience, training and qualifications gained within the Licensing trade, Members were concerned that the evidence provided was insufficient, lacked credibility and did not include any official document to confirm that adequate training and experience had been provided or any official and recognised qualifications gained.
3. Members had no confidence that the applicant had the experience or qualifications required to manage the premises in a manner that would promote and uphold the licensing objectives or in compliance with the requirements of the Licensing Act 2003.
4. Members did not believe that any conditions which could be added to the licence that were justifiable and appropriate would alleviate any of the concerns they had.
5. The Sub-Committee’s decision was made in the interests of promoting the licensing objectives.
Supporting documents: