Agenda and minutes

Licensing (Hearings) Sub-Committee - Friday, 16 January 2015 9:30 am

Venue: THE COUNCIL CHAMBER - FIRST FLOOR, TOWN HALL, TOWN HALL SQUARE, LEICESTER

Contact: Graham Carey ext 376356 

Items
No. Item

1.

APPOINTMENT OF CHAIR

Minutes:

Councillor Clarke was elected as the Chair.

2.

APOLOGIES FOR ABSENCE

Minutes:

Apologies were received from Councillor Shelton and Councillor Byrne was attending in his place.

3.

DECLARATIONS OF INTEREST

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

Minutes:

Members were asked to declare any interests they may have in the business to be discussed.  No such declarations were made.

4.

APPLICATION FOR A NEW PREMISES LICENCE: MORRISONS M LOCAL, 11-13 MARKET STREET, LEICESTER LE1 6DN pdf icon PDF 173 KB

The Director of Local Services and Enforcement submits a report on an application for a new premises licence, Morrisons M Local, 11-13 Market Street, Leicester LE1 6DN.

 

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 4546358

Additional documents:

Minutes:

The Director of Local Services and Enforcement submitted a report that required Members to determine an application for a new premises licence, Morrisons M Local, 11-13 Market Street, Leicester LE1 6DN.

 

Members noted that representations had been received in respect of the application, which necessitated that the application had to be considered by Members.

 

Ms Kelly Nichols, Licensing Manager for Morrisons was present and was accompanied by Ms Clare Johnson, Solicitor acting on behalf of Morrisons. Inspector Nigel Rixon and PC Jon Webb from Leicestershire Police were present. Also present was the Licensing Team Manager and the Solicitor to the Sub-Committee.

 

The Licensing Team Manager reported that a request for an adjournment had been received from a representee.  Members noted that the application for an adjournment had been considered by the Director of Local Services and Enforcement, in accordance with delegated powers, and he had determined that the application should be refused and the licensing hearing should proceed to hear the application for a new premises licence.  The representee had been informed of the reasons for this decision.

 

Introductions were made and the procedure for the meeting was outlined to those present.

 

The Licensing Team Manager presented the report and responded to members questions. It was noted that a representation had been received on18 December 2014 from Leicestershire Police that related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. It was also noted that a representation had been received on 18 December 2014 from a local person that related to the prevention of crime, the prevention of public nuisance, public safety and the protection of children from harm.  It was noted that the applicants had now agreed to amend their hours of opening and hours for the supply of alcohol from 6.00 am to midnight to 6.00 am to 11.00 pm following discussions with

Leicestershire Police.  It was noted that the 3rd and 4th bullet points of the options available to Members, outlined in paragraph 2.1 of the report, were not applicable to this application.

 

With the agreement of all concerned, a letter of support for the application from the Chair of the Market Street Traders Association, which had been received after the agenda had been published, was circulated to all present.  A copy of the letter had also been sent to the representee who was not at the meeting.

 

PC Webb outlined the reasons for the Police representation and the outcome of discussions with the applicant which had resulted in the agreement to reduce the hours of operation together with a number of conditions for CCTV, staff training and restrictions on the sale of alcohol.  These additional conditions were contained in the submission made by the Police.  PC Webb then answered questions from Members.

 

Ms Johnson on behalf of the applicant outlined the details of the application and responded to the points made in the representations and answered questions from Members.

 

All  ...  view the full minutes text for item 4.

5.

APPLICATION FOR A NEW PREMISES LICENCE WITHIN A CUMULATIVE IMPACT ZONE: DOMINGOS SUPERSTORE, 67-69 CHURCHGATE, LEICESTER LE1 3AN pdf icon PDF 200 KB

The Director of Local Services and Enforcement submits a report on an application for a new premises licence within a cumulative impact zone: Domingos Superstore, 67-69 Churchgate, Leicester LE1 3AN.

 

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 4546358.

Additional documents:

Minutes:

The Director, Local Services and Enforcement, submitted a report that required Members to determine an application for a new premises licence within a cumulative impact zone, Domingos Superstore, 67-69 Churchgate, Leicester LE1 3AN.

 

Members noted that a representation had been received in respect of the application, which necessitated that the application had to be considered by Members.

 

Mr Sunday Ajeibi, applicant was present together with his representative Mr Acharya, solicitor. PC Jon Webb and Inspector Nigel Rixon from Leicestershire Police were present. Also present was the Licensing Team Manager and the Solicitor to the Sub-Committee.

 

Introductions were made and the procedure for the meeting was outlined to those present.

 

The Licensing Team Manager presented the report. It was noted that a representation had been received on 4 December 2014 that related to the prevention of crime and disorder, the prevention of public nuisance and public safety.  It was noted that the 3rd bullet point of the options available to Members, outlined in paragraph 2.1 of the report, was not applicable to this application.

 

PC Webb outlined the reasons for the representation and answered questions from Members.

 

Mr Ajeibi and Mr Acharya were then given the opportunity to respond to the points made and answer questions from Members.  Mr Acharya stated that his application for a personal licence had now been approved.

 

All parties were then given the opportunity to sum up their positions and make any final comments.

 

Prior to Members considering the application, the Solicitor to the Hearing Panel advised Members of the options available to them in making a decision. Members 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.

 

The Licensing Team Manager, the Solicitor to the Sub-Committee, Mr Ajeibi, Mr Acharya, PC Webb and Inspector Rixon then withdrew from the meeting.

 

Members then gave the application full and detailed consideration.

 

The Solicitor to the Sub-Committee was then recalled to the hearing to give advice on the wording of the decision.

 

The Licensing Team Manager, Mr Ajeibi, Mr Acharya, PC Webb and Inspector Rixon then returned to the meeting.

 

The Chair informed all persons present that they had recalled the Solicitor to the Sub-Committee for advice on the wording of their decision.

 

RESOLVED:

that the application for a new premises licence within a cumulative impact zone for Domingos Superstore, 67-69 Churchgate, Leicester LE1 3AN be granted subject to the conditions consistent with the Operating Schedule.

 

REASON FOR THE DECISION

 

In reaching their decision Sub-Committee members said that their starting point of refusal had been effectively rebutted. They noted the specialised nature of the store and they noted the co-operation of the applicant. Street drinkers and anti-social behaviour was a genuine concern for members  ...  view the full minutes text for item 5.

6.

CLOSE OF MEETING

Minutes:

The meeting closed at 12.30pm