Agenda item

Report Attached. A copy of the associated documentation is attached for members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on 229 8809.

The Service Director (Environmental Services) submitted a report that required Members to determine an application for a new premises licence for Salvador Deli, 50 Queens Road, Leicester, LE2 1TU.

Members noted that representations had been received in respect of this application, which necessitated that the application for a new premises licence had to be considered by Members.

Mr Jhan Husain, applicant and, Mr David Brown, applicant’s Solicitor, Mr Garry Walker and Mrs Pauline Walker, objectors, an Officer from the Licensing Department, an Officer from the Noise Team and a Legal Officer were present at the meeting. 

The Licensing Officer presented the report and evidence was heard from all parties present. It was noted that representations had been made on the grounds of the prevention of crime and disorder, prevention of public nuisance, protection of children from harm.

Colour photographs and a plan of the premises were circulated.

Concerns were expressed by the objectors at the street café application that had been submitted by the applicant. The Chair stated that any business to do with the Street Café concerns would be dealt with at a separate meeting as the sole reason for the Hearing was to consider the application for a premises licence. The objectors explained that there were a number of bars in the area and that had led to an increase in anti social behaviour. Concerns were raised that there would be increased levels of noise and the area would not be able to cope with the demand for parking. The objectors stated that they felt the premises were currently very attractive however their concerns lay with the licensing of the premises. They commented that granting the licence would lead to people congregating outside the premises and this would make people passing by or other people nearby uncomfortable. Concern was also raised that the area would not be able to sustain another bar and that people would be disturbed when going to sleep.

An Officer from the Noise Team commented that he had raised concern about the noise that would affect the adjoining house at 39 Howard Road, which shared a wall with the premises. The Hearing was informed that the applicant had agreed to a condition which meant that there would be no equipment installed on the wall. The Officer commented that the agreement of the condition would mean he would withdraw his objection.

The Solicitor for the applicant commented that there would be a small area at the back of the premises, which would be used for the consumption of alcohol. The alcohol would only be served until 8pm and this would be before most people went to sleep. The Solicitor commented that the premises would be managed responsibly. With regard to concern about the number of bars in the vicinity, the Solicitor commented that the bars were supported by the customers. Due to the capacity of the venue it would be easy to maintain control and there would be no late night noise as the premises closed at 8pm.

In response to queries by Members, the Solicitor stated that the Challenge 21 policy would be implemented and there would be a refusal book as well. In response to concerns raised by the objectors the applicant commented that there would be signs displayed which reminded customers to keep the noise down when leaving the premises and the premises would have a CCTV system installed.

Prior to deliberation, the Legal Officer advised Members of options available to them in making a decision.

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

Mr Jhan Husain, applicant and, Mr David Brown, applicant’s Solicitor, Mr Garry Walker and Mrs Pauline Walker, objectors, the Officer from the Noise Team, the Licensing Officer and the Legal Officer then withdraw from the meeting.

Members called back the Legal Officer for clarification on the wording of their decision.

Mr Jhan Husain, applicant and, Mr David Brown, applicant’s Solicitor, Mr Garry Walker and Mrs Pauline Walker, objectors, the Officer from the Noise Team and the Licensing Officer then returned to the meeting.

RESOLVED:

that the licence be granted from 08.00 to 20.00 daily, subject to the following conditions:

1)     The Licence holder will maintain a CCTV system.

2)     Any plasma screens/audio equipment affixed to the party

wall between the premises and 39 Howard Road, or sited within the 2 metres of that wall shall not be used to provide an audio entertainment.

3)     The premises will operate a Challenge 21 policy.

4)     There would be refusal book kept which would be accessible to the Police and Licensing team.