Agenda and minutes

Licensing (Hearings) Sub-Committee - Wednesday, 14 August 2024 2:00 pm

Venue: Meeting Room G.02, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Katie Jordan, Governance Services Officer, email:  katie.jordan@leicester.gov.uk  Julian Yeung, Goverance Support Assistant, email:  wing.yeung@leicester.gov.uk

Items
No. Item

1.

APPOINTMENT OF CHAIR

Minutes:

Councillor Singh Johal was appointed as Chair.

2.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

3.

DECLARATIONS OF INTEREST

Members are asked to declare any interests they may have in the business to be discussed.

Minutes:

There were no declarations of interest.

4.

MINUTES OF PREVIOUS MEETING pdf icon PDF 97 KB

The minutes of the meeting held on 3rd July 2024 are attached and members will be asked to confirm them as a correct record.

Minutes:

The Minutes of the previous meeting held on 3 July 2024 were confirmed as a correct record.

5.

APPLICATION FOR A NEW PREMISES LICENCE - LIYA SUPERMARKET, 62 HINCKLEY ROAD, LEICESTER pdf icon PDF 376 KB

The Director of Neighbourhood and Environmental Services submits a report for an application of a new premises licence for Liya Supermarket, 62 Hinckley Road, Leicester.

Additional documents:

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new premises licence for Liya Supermarket, 62 Hinckley Road, Leicester.

 

The applicant, Ms Mhamad was present with her representative, Licensing Agent, Mr Clarke. Mr Patel and Dr Patel were present in objection to the application on the grounds of the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm. Also present were the Licensing Team Manager and Legal Advisor to the Sub-Committee.

 

The Chair led on introductions, highlighted fire safety and evacuation procedures and outlined the process the meeting would follow.

 

The Licensing Team Manager presented the report and outlined details of the application.

 

Mr Patel and Dr Patel were given the opportunity to outline the details of their representation and answered questions from Members and officers.

 

The applicant and her representative were given the opportunity to address the Sub-Committee and answered questions from the Sub-Committee.

 

All parties present 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 their 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, 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, 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 Governance Services 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 licence for Liya Supermarket, 62 Hinckley Road, Leicester be GRANTED subject to the following conditions:

 

Conditions:

 

1. The supply of alcohol hours only to be permitted between 8am and 10pm

2. The CCTV camera coverage should extend to the whole of the area immediately at the front of the supermarket and the rear yard. The licence holder to ensure that viewable images are provided to an officer of a responsible authority within 14 days of a request being made

3. The licence holder must take all reasonable steps to ensure that no individuals gather, loiter, drink alcohol or smoke in the area immediately in front of the premises

4. The licence- holder must ensure that she and other members of staff  ...  view the full minutes text for item 5.

6.

APPLICATION FOR A REVIEW OF AN EXISTING PREMISES LICENCE FOR CURRY FLAVOUR RESTAURANT AND BAR, 225 UPPINGHAM ROAD, LEICESTER pdf icon PDF 382 KB

The Director of Neighbourhood and Environmental Services submits a report on an application for a review of an existing premises licence for Curry Flavour Restaurant and Bar, 225 Uppingham Road, Leicester.

Additional documents:

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report on an application for the review of an existing premises licence for Curry Flavour Restaurant and Bar, 225 Uppingham Road, Leicester.

 

The current Premises Licence Holder (PLH), Mr Natvarlal was present with Licensing Agent,, Mr Bhavsar of Greenhill Licensing. Ms. Moore and Mr Robinson of the Licensing Enforcement Team was present. Also present were the Licensing Team Manager and Legal Advisor to the Sub-Committee.

 

The Chair led on introductions and outlined the procedure the meeting would follow.

 

The Licensing Team Manager presented the report and outlined details of the application. It was noted that the review, which pertained to the premises under the control of its’ previous licence holder, Mr Lacmo, was originally due to be heard by the Sub-Committee on 5th June 2024, but had been adjourned to 30th July 2024 following the submission of an application for the transfer in PLH to Mr Natvarlal. Due to unforeseen circumstances, the meeting had to be adjourned to 14th August 2024.

 

Ms Moore of Licensing Enforcement was given the opportunity to outline the details of the representation and answered questions from Members and officers. As per the written representation and timeline of events provided in the report, the Licensing Enforcement team highlighted the lack of faith in the previous licence holder to uphold their responsibilities and adhere to the conditions of the licence and requested that the licence be revoked.

 

The current PLH and his representative were given the opportunity to address the Sub-Committee and answered questions from the Sub-Committee. Confusion regarding the presence of the current PLH at the Sub-Committee was noted due to the review pertaining to the previous licence holder, who was not present. It was however noted that the previous PLH was retained on the current licence as te designated premises supervisor.

 

All parties present 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 their 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, 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, 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 Governance Services Officers should withdraw from the room. The Sub-Committee then deliberated in private to consider their  ...  view the full minutes text for item 6.

7.

ANY OTHER URGENT BUSINESS

Minutes:

There being no other urgent business, the meeting closed at 5:28pm.