Agenda and draft minutes

To elect a Chair for the duration of the ensuing hearing only.

It was moved by Councillor J K Ford, seconded by Councillor H E Darling and

UNANIMOUSLY RESOLVED THAT:

Councillor G A Boulter be appointed Chair.

To receive apologies for absence from Members to determine the quorum of the hearing in accordance with Rule 7 of Part 4 of the Constitution.

None.

Members are reminded that any declaration of interest should be made having regard to the Members’ Code of Conduct. In particular, Members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non-pecuniary'.

None.

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

A number of relevant representations have been received.

A copy of this Notice inviting the applicant and the person(s) who have made relevant representations to attend the hearing has been sent to all such parties.

Procedure at the Hearing

At the beginning of the hearing, the authority shall explain to the parties the procedure which it proposes to follow at the hearing.

A hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless the authority considers that cross-examination is required for it to consider the representations, application or notice (as applicable).

The authority will allow the parties an equal maximum period of time, to be agreed with the parties at the beginning the hearing, in which to exercise their rights set out below.

Documents Attached

The following documents are attached:

1.     Report of the Licensing Enforcement Officer

2.     Appendix 1 - Existing Premises Licence

3.     Appendix 2 - Application for Variation of Premises Licence

4.     Appendix 3 - Plan of the Premises

5.     Appendix 4 - Representation from Members of the Public

6.     Appendix 5 - Notification of Agreement

7.     Appendix 6 - Revised Plan of Premises

8.     Appendix 7 - Email From Objectors to Applicant

Right of Attendance, Assistance and Representation

A party may attend the hearing and may be assisted or represented by any person whether or not that person is legally qualified.

Representations and Supporting Information

At the hearing, a party shall be entitled to:

(a)      give further information in support of their representation, application or notice;

(b)     if given permission by the authority, question any other party; and

(c)      address the authority.

Failure of Parties to Attend the Hearing

If a party has informed the authority that they do not intend to attend or be represented at a hearing, the hearing may proceed in their absence.

If a party who has not so indicated fails to attend or be represented at a hearing the authority may:

(a)      where it considers it to be necessary in the public interest, adjourn the hearing to a specified date; or

(b)     hold the hearing in the party’s absence.

Where the authority holds the hearing in the absence of a party, the authority shall consider at the hearing the application, representations or notice made by that party (as applicable).

Where the authority adjourns the hearing to a specified date, it will notify the parties of the date, time and place to which the hearing has been adjourned.

The Sub-Committee gave consideration to the report and appendices (as set out on pages 4 - 74 of the agenda pack and pages 3 - 9 of the agenda update pack) which asked it to determine an application for the variation the exisiting Premises Licence (No. OWPMA0050) for Beaumont House, University of Leicester Halls of Residence, Stoughton Drive South, Oadby, Leicester LE2 2NA.

Subsequent further discussions and negotiations between the Applicant/Agent and the legal representatives representing the Interested Person(s) prior to the start of the hearing, the Interested Person(s) withdrew their objections to the application following agreement between the parties on the following proposed conditions:

1.        Outdoor events covered by the licence shall be limited to two per calendar month with events not taking place on more than three consecutive days.

2.        Outdoor events shall only be permitted:

a.     until 21:00 with the Garden Gates locked at 22:00 during British Summer Time; and

b.     until 18:00 with the Garden Gates locked at 19.00 at all other times.

3.        The maximum numbers for any outdoor event shall not exceed a capacity of 700.

4.        A Noise Management Plan (NMP) shall be agreed with the Environmental Health Officer prior to any event taking place. The NMP will include details and location of all noise monitoring equipment and records to be maintained. Checks and measurements along the boundary and off site shall ensure noise does not exceed the prevailing background level plus 5dB at any noise sensitive property.

5.        An Event Notification Form will be submitted to the Licensing Authority prior to any outdoor event taking place. This will include details of the location of Traffic Marshalls and to ensure that car parking is provided on site or by utilising other University provision.

6.        The University will host at least 2 liaison meetings per year with residents.

7.        The University will notify local residents of the annual schedule of forthcoming events by undertaking a   leaflet drop  at the premises situated on  Glebe Road LE2 2LD, Glebe Close LE2 2LD, Eynsford Close LE2 2LN, Wilmington Court LE2 2LD, Glebe Gardens LE2 2LQ, Knighton Grange Road LE2 2LF. 28 days advance notice will be given of any events additional to the published schedule.

8.        The University will provide residents with a contact telephone number during outdoor events.

9.        Events will only be held in three designated lawn areas shown on the attached plan.

10.     Any stage or sound amplifying equipment used shall be orientated to face away from residential dwellings.

On the basis that the no objection(s) to the application remained, the application was to be determined under the Schele of Delegation by Officers under the Licensing Act 2003 with the inclusion of the conditions aforementioned as agreed.