Agenda and minutes

It was moved by Councillor G A Allman, seconded by Councillor A Bridges and

RESOLVED THAT:

Councillor T Neilson take the chair for the remainder of the meeting.

Apologies for absence were received from Councillor N Smith.

The Legal Advisor explained that one of the panel members had recently arrived due to traffic problems.  He requested a brief adjournment to enable any queries to be addressed prior to the commencement of the hearing.

The Sub-Committee was adjourned at 6.16pm and was reconvened at 6.21pm.

Under the Code of Conduct members are reminded that in declaring disclosable interests you should make clear the nature of that interest and whether it is pecuniary or non-pecuniary.

No interests were declared.

The Licensing Sub-Committee will consider whether matters scheduled to be discussed at this meeting appear to disclose confidential or exempt information under the provisions of regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005/44

The Legal Advisor explained that there had been a request from the Police to deal with this matter in private.  He added that the representative of the Designated Premises Supervisor had no objection to this, however it was a matter for Members to determine.  He clarified that Councillor J Legrys was observing as ward Member and had the right to remain should the matter be considered in private.

It was moved by Councillor T Neilson, seconded by Councillor G A Allman and

RESOLVED THAT:

In pursuance of the Licensing Act 2003 (Hearings) Regulations 2005/44, the press and public be excluded from the remainder of the meeting on the grounds that the business to be transacted involves the likely disclosure of exempt information as defined in regulation 14 to the Act and that the public interest in maintaining this exemption outweighs the public interest in disclosing the information.

PREMISES:   The Engine, 61 Belvoir Road, Coalville, Leicestershire, LE67 3PD

APPLICANT:Inspector Nigel Rixon, Leicestershire Police

To determine an application for a review of the premises licence in respect of the above.

A Notice of Hearing inviting them to attend has been sent to them.  If they fail to attend, the hearing can be held in their absence or adjourned.

The following documents are attached: -

a) Report of the Licensing Enforcement Officer.

At the beginning of the Hearing, the authority shall explain to the parties the procedure it is proposed to follow.  The Hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless it is required to consider the representations.

The Chairman introduced the parties and explained the procedure to be followed.  The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence.  It was agreed that the maximum time limit for each presentation be twenty minutes.

The Licensing Team Leader presented the report to Members, highlighting background information and the representations received.  He advised that a request to submit a late representation had been submitted by the representative of the Designated Premises Supervisor (DPS), and in consultation with the Legal Advisor it was agreed to accept the late representation as the DPS was most likely to be affected by any decisions made by the Sub Committee.

There were no questions for the Licensing Team Leader.

Sergeant M Watson addressed the Sub Committee and presented the case on behalf of Leicestershire Police.  He stated that with regret, Leicestershire Police sought to remove the DPS and to prevent her being present at the premises when licensable activity was taking place.  He referred to the serious issues of crime and disorder which had been raised during the previous review application and the conditions which had subsequently been imposed.  He recognised that the DPS had initally demonstrated good compliance and co-operation as she was Chair of Pubwatch and had successfully completed two recent test purchases, however the bundle demonstrated recent breaches of those conditions which showed that she was not supporting the Licensing objectives.  He raised the following points for consideration:

-        On 12 January 2014 an assault had taken place on the premises between two members of staff, one of whom had been cautioned and the other dismissed.

-        On 14 January 2014 the DPS submitted a dispersal policy which had been accepted by the Police.  Attention had been given to the terminal hour in respect of dancing and music.

-        The first breach of the conditions occurred on 25 January 2014 during the closing event for the Emporium.  Reference was made to PC Turner’s statement which indicated that the Engine was at capacity and the door staff were one member short due to sickness.  The DPS had been interviewed and had failed to address this, however she had accepted that 5 door staff should have been on duty.  The premises should have reduced their capacity accordingly.

-        CCTV footage was shown to the Sub Committee of a drunken male who was escorted outside and fell backwards directly into the middle of the road, the implications of which were clear and serious.  Clarification was sought on how the male had become so drunk.  It was suggested that the male was simply taken outside and left to fend for himself as there had been no calls to the CCTV operator or the Police despite the DPS stating that she had called it in.  The DPS clearly felt that her responsibility ended at the front door.

-        On 1 February 2014 a male customer had been allowed to re-enter the premises after the  ...  view the full minutes text for item 5.