Agenda item

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.

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 5^th June 2024, but had been adjourned to 30^th 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 14^th 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 decision. The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

That Mr Dharmesh Lacmo be REMOVED as the Designated Premises Supervisor for Curry Flavour Restaurant and Bar, 225 Uppingham Road, Leicester.

The Premises Licence Holder would be provided with reasons for the decision in writing within 5 working days.

All parties would be advised of the right to appeal the decision.