Agenda item

The Director of Neighbourhood and Environmental Services submits a report for an application for a new premises licence for The Foresters Arms, 17 Frog Island, Leicester LE3 5AG.

Councillor Pickering, as Chair led on introductions and outlined the procedure the hearing would follow.

The Director of Neighbourhood and Environmental Services submitted a report for an application for a new premises licence for The Foresters Arms, 17 Frog Island, Leicester, LE3 5AG.

The applicant Mr Tom Joseph and his representative Mr Joshua Matheson were in attendance. Also in attendance were Sergeant Nicholas Golden, Leicestershire Police, Lynsay Coupe, Senior Regulatory Officer, and Victoria Marshall, Senior Regulatory Officer. Mr Michael Harris, Ms Rina Michael and Mr James Prestwich were present as the objectors from the local community. Also present were the Team Manager (Regulatory Services) and the Legal Adviser to the Sub-Committee.

The Team Manager (Regulatory Services) presented the report and outlined details of the application.

A representation was received on 26 February 2026 from the Police. The representation related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The representee was concerned that the applicant seek to extend the licensed area externally, utilising part of the car park. The premises was previously licensed and known as The Foresters Arms and most recently OMC (Old Moses Cabin).  The premises was situated directly next to a primary school on Slater Street. The school was a multi-level building which overlooked the rear of the proposed premises and runs parallel to the premises.  Prior to making this representation Leicestershire Police had been in consultation with the applicant (and agent) and visited the premises several times. The view of the neighbourhood policing area was sought. Due to the concerns identified under the four licensing objectives the applicant and Leicestershire Police reached an agreement.

Two representations were received on 26 February 2026 from interested parties. The representations related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The representees were concerned that the operating seven days a week from 10am to 2pm had a potential for increasing anti-social behaviour, loitering, alcohol-related incidents, drug related crime and congregation in the immediate vicinity which would direct risk to young and vulnerable individuals who attended the church and facilities in the area, and expose them to the behaviour the representees seek to discourage. They were also concerned that there was no dedicated car park for the venue, granting the application would intensify the existing parking issues in the neighbourhoods.

Sergeant Nicholas Golden from Leicestershire Police was given the opportunity to outline the details of their representation and answered questions from Members.

Mr Harris, Ms Rina and Mr Prestwich were given the opportunity to outline the details of their representation and answered questions from Members and officers.

Mr Joseph and Mr Matheson were given the opportunity to address the Sub-Committee and answered questions from the Members and officers.

All parties were 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, the Sub-Committee 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 confirmed 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 asked all but Members of the Sub-Committee and Governance Services Officers to withdraw from the meeting. Members 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. The observer from Legal Services also returned at that time.

RESOLVED:

The Sub-Committee’s decision is that it is appropriate for the promotion of the licensing objectives to GRANT the application to authorise:

1. The supply of alcohol for consumption on & off the premises between

·       12pm and 23.30pm (Monday to Thursday),

·       12pm and 00.30am (Friday),

·       11am and 00.30am (Saturday)

·       11am and 22.30pm (Sunday)

2. The playing of live music, recorded music and films between:

·       12.00pm and 00.00 (Monday to Thursday)

·       12.00pm and 01.00am (Friday)

·       08.00am and 01.00am (Saturday)

·       10.00am and 23.00pm (Sunday)

subject to the conditions consistent with the Operating Schedule as amended by and in addition to:

                                          i.         The conditions consistent with the Leicestershire Police Representation/ Agreement.

                                         ii.         The following additional condition:

a)    The disposal of waste from the licensed premises is to be done so quietly, therefore minimising any potential noise nuisance to neighbouring properties.

REASONS

In considering the application by AD345 Ltd for a Premises Licence authorising the sale of alcohol on and off the premises; the playing of live music, recorded music and films at the Foresters Arms, Leicester, the Sub-Committee has considered the Licensing Officer’s Report and all the relevant representations, both written and oral. The Sub-Committee has taken account of all relevant legislation, the Statutory Guidance, the Regulators’ Code, and the Council’s Licensing Policy. The Sub-Committee has had regard in its deliberations to the steps appropriate to promote the licensing objectives in the overall interest of the local community and has decided the matter on its merits on the evidence presented to it. The Sub-Committee has had regard to the public sector equality duty detailed in section 149 the Equality Act 2010 and has taken a risk-based approach to its decision which has been made on the balance of probability. The Sub-Committee has, as it is required to do, limited its deliberation to the promotion of the licensing objectives (with each licensing objective being of equal importance) and nothing outside of those parameters.

The Foresters Arms is situated within a residential area which consists of a nearby school, a place of worship and charitable organisation. The original application was for the supply of alcohol; to play live music; recorded music and films daily from 10am until 2am Monday to Sunday. The applicant explained they intended to open the premises to create a welcoming and inclusive environment for local residents and visitors. They also explained the premises would operate as a public house with food and additionally as a medium sized hospitality and community events space. The licensed area included the inside area with an outside area (to the rear of the premises).

3 written representations opposing the application was received from Leicestershire police and 2 members of the public.

Leicestershire police initially expressed concerns about the primary school located close to the proposed premises. The school, which operates on multi levels, overlooks the rear of the proposed premises and therefore children could potentially have sight of patrons using the premises. Leicestershire police visited the proposed premises several times and sought the views of the local neighbourhood policing team. After consulting with the applicant and their agent, an agreement was reached to reduce the proposed opening hours and also minimise the duration of the licensable activities applied for. Leicestershire police also proposed more stringent conditions to be applied to the operating schedule. These included ensuring that there was an obstructed view when patrons were smoking at the rear of the premises and limiting the consumption of alcohol in the outside area until the school closing time. Additional conditions included a maximum capacity level for the outside area; submitting a risk assessment 7 days prior for events to Leicestershire police and ensuring a noise management plan was implemented and reviewed on a regular basis. The conditions were agreed by the applicant prior to the Sub-Committee hearing.

Members of the public, who had submitted a representation, attended the Sub-Committee hearing & the Committee heard from those objecting to the application. Those objecting highlighted that the area was frequented by children, vulnerable people, those with additional needs and seniors who attended the area to from early hours until late to visit the nearby place of worship and local organisation. They explained to the Committee that there was an existing parking problem in the area, and the granting of the application could exacerbate the issue, as there was no dedicated parking for the premises. They described congestion in the area was a potential safety risk for local residents. They had expressed their concerns that patrons would loiter in the area; there could potentially be in an increase in anti-social behaviour which pose a direct risk to their safety and well-being. Patrons could engage in aggressive and inappropriate behaviour, leading to an increase in public disorder offences being committed. Those opposing mentioned a recent incident involving somebody under the influence who had tried to obtain access to the nearby school and the police had been notified. They mentioned that historical evidence showed that other licensed venues in the area had caused major disturbance which required police attention. They were concerned about the exposure of alcohol – related behaviour to young children walking to and from school. There could be an increase in the amount of litter, noise and disruptive behaviour which would impact upon local residents and those visiting the area. It was explained that a local organisation, whose core purpose it was to educate children about the risks of the consequences of crime and anti-social behaviour, could have their underlying ethos undermined with the presence of a late-night licensed premise. Their service would need to be delivered in a calm environment, and any disturbances due to alcohol – related activity could affect their ability to deliver services affectively. There were concerns about the cumulative impact on a location which is fundamentally educational and child-focused throughout the day. Additional concerns were raised at how the potential increase of patrons visiting the proposed premises would disperse; external smoking areas, raised voices and associated activities Those opposing questioned if the application was appropriate in the circumstances and suitable, taking into consideration the location of the proposed premises.

The Sub-Committee heard from the applicant and their agent. It was explained to the Sub-Committee they would ensure compliance and had taken into consideration the concerns raised by both Leicestershire police and members of the public, including the need to protect the school. As a result, they had agreed to the comprehensive set of conditions proposed by Leicestershire police and agreed to revise their opening hours. The applicant explained to the Committee that there would be risk assessments undertaken for events and they were committed to working with the police. An agreement had been made with regard to occupancy levels for both the inside and outside area of the premises. The outside area would contain a small smoking area which would be sheltered to obstruct the view from the school. The applicant stated management would be strict in enforcing that patrons would not drink or smoke in front of the premises. The dispersal procedure was explained to the Committee, including a sign situated at the exit instructing patrons to leave quietly; staff to litter pick after customers in the immediate vicinity after closing and dispersal would be controlled by fully trained staff. The applicant explained that the proposed premises was intended as a community venue. There was a need in the community for a community hub and somewhere people could eat locally. The applicant described the food being served as traditional pub food with an Indian twist, and it would primarily be a seated drinking establishment. This was to be a family-friendly public house. The applicant invited those objecting to attend the premises to alleviate any concerns they had. The applicant explained his family had a history of restaurant experience and he himself had operated another business in the area and explained to the Committee that local residents were supportive of the application.

The Sub-Committee heard of other licensed premises that operated in the vicinity of the proposed premises.

The Sub-Committee took into consideration the concerns of the members of the public.

The Sub-Committee were satisfied that the applicant will work with Leicestershire Police in ensuring compliance.

The Sub-Committee believes the conditions proposed by the applicant and the conditions suggested by Leicestershire Police are sufficient and these conditions subject to which the Licence is granted deal with the representations which have been made.

The conditions are appropriate for the promotion of the licensing objectives and they are proportionate.