Meeting documents

... Consideration was given to the minutes of the meeting held on 3 August 2005 (copy previously circulated and retained with the official copy of the minutes).

... Consideration was given to the minutes of the meeting of the Hackney Carriage and Private Hire Group held on 2 December 2004 (copy previously circulated and retained with the official copy of the minutes).

The Principal Solicitor introduced the item and gave an outline of the application for the renewal of a public entertainment licence in respect of Ciro's, Market Street, Ashby de la Zouch.

The Principal Solicitor explained that this renewal was brought before the last Licensing Committee meeting held on 3 August 2005 when an adjournment was granted to Mr Pheasey as the Police had requested to produce additional information.

... The Licensing Officer advised the Committee that no representatives from the police were attending in respect of this matter, and went on to introduce the report for the renewal of the public entertainment licence for Ciros, 79 Market Street, Ashby de la Zouch (copy previously circulated and retained with the official copy of the minutes).

The purpose of the report was to request members to consider the renewal of the public entertainment licence in respect of Ciro's, 79 Market Street, Ashby de la Zouch. The applicant is Ms Lisette Bell-Simmonds. There were no questions to the Licensing Officer.

Mr Pheasey, the Applicant's solicitor, presented the applicant's case. He asked that it be noted that the Police and the Town Council were not in attendance but that everybody else was and went on to ask whether he was to present his client's case or were members of the Committee in a position to grant the licence.

The Principal Solicitor advised the Committee that the Town Council had submitted written objections and that although the Town Council were not here to make oral representations the Committee should still have regard to the written objections, but it would be usual to give these less weight than oral objections.

Mr Pheasey stated that Ciro's had held a public entertainment licence for 22 years, opening until 2.00am Fridays and Saturdays for 7 years. The objections of Ashby Town Council following a letter dated 8 March 2005 gave the reasons that Ashby de la Zouch was a well populated residential area and that local residents would experience considerable disturbance. He went on to say that Ashby de la Zouch was a town centre and there was no evidence of disturbance. No objections had been raised by the 195 residents living in the town centre. The Town Council stated that incidents happened between 1.00am and 3.00am. It was down to the Town Council to prove that these incidents were linked to this particular premise.

Mr Pheasey advised the Committee that Inspector Straughton and Sergeant O'Brien had commented in the Leicester Mercury that it was easier to police the town if closing times were staggered. He pointed out therefore that this aim would be achieved if the application was to be approved.

The applicant, legal advisor and officers of the Council were asked to leave the room whilst the Committee deliberated.

... The Head of Administration outlined the Statement of Licensing Policy - Saturation (copy previously circulated and retained with the official copy of the minutes).

The purpose of the report was to request that members consider amendments to the Statement of Licensing Policy.

The Head of Administration introduced the report and explained the need to amend the existing policy so that it was in line with the statutory guidance and would be clear to applicants, responsible authorities and interested parties. He explained how the "rebuttable presumption" procedure in the Saturation Policy would affect how members determined relevant applications in licensing hearings.

Generally, the Committee agreed that the wording in the policy needed to change as outlined in the officer's report.

The Principal Solicitor offered legal advice which was recorded in a confidential minute.

... The Head of Administration submitted a report on hearings and appeals (copy previously circulated and retained with the official copy of the minutes).

At present 20 hearings have taken place with a further 9 to be heard. He stated that the availability of members, officer support and legal advisors had made the administration of hearings more difficult as well as the number of hearings in a concentrated period of time.

The Head of Administration made reference to the appeal process in respect of the Bull's Head in Ashby de la Zouch, the White Hart in Ashby de la Zouch and a possible appeal in respect of the Cross Keys in Castle Donington.

The Bull's Head hearing had been scheduled for 2 days, the first in Leicestershire under the Licensing Act 2003 and would be complex. It was understood that the Police would be instructing a barrister and the Acting Head of Legal Services had advised that the Council should be similarly represented. There was no specific budget to cover the cost of appeals. The Head of Administration further added that the current situation was one definite appeal and 2 potential appeals with the possibility of more. He asked the Committee if it wished to make an application to the Executive Board for a supplementary estimate of £10,000.

Members of the Committee voiced their opinion that they would rather approach the Executive Board for an amount that would cover the total expected expenses, rather than have to make a further application. It was suggested that £15,000 be sought.

... The Head of Administration submitted a report to appraise members of the latest position with regard to workflow under the Licensing Act 2003 (copy circulated at the meeting and retained with the official copy of the minutes).

The Head of Administration informed the Committee of the temporary staffing resources recruited in the Licensing Section to deal with applications in transition. Two officers were on contracts due to end in January 2006 and a further 2 in March 2006. He explained that originally it was anticipated that the number of outstanding applications at this time would be a low figure but for the reasons as specified in the report a number were still outstanding. There was also likely to be a number of full applications with the possibility that this would generate further hearings. If on 24 November 2005, the second appointed date, there were still outstanding applications, then enforcement issues would also arise.

The Head of Administration advised that the cost to extend the 2 officers' contracts until March 2006 would be £6,000. Whilst the fee income received so far was higher than anticipated, this would be cancelled out by extra overtime worked by staff. The Head of Administration suggested an application for a supplementary estimate from the Executive Board. It was explained that post April 2006 2 further pieces of legislation would come into play, namely the Gaming Act and the Street Trading Provisions, both of which would be dealt with by the Licensing Section.