Agenda item

The Director of Environmental Services submits a report on an application for a new premises licence for General Store, 44 Beaconsfield Road, Leicester, LE3 0FE.

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 454 6354.

The Director, Environmental and Enforcement Services, submitted a report that required Members to determine an application for a new premises licence for General Store, 44 Beaconsfield Road, Leicester LE3 0FE.

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

Mr Arshad Aziz, owner of the premises, was present as well as Councillor Sarah Russell and two local residents who made the representations. Also present were the Solicitor to the Hearing Panel and the Licensing Team Manager.

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 representations had been received that related to the prevention of crime and disorder and the prevention of public nuisance.

Councillor Russell and the local residents outlined the reasons for the representations and answered questions from Members.

Mr Aziz then made his submission to the Members.

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 Hearing Panel, Mr Aziz, Councillor Russell and the residents who had made representations then withdrew from the meeting.

Members then gave the application full and detailed consideration.

The Solicitor to the Hearing Panel was then recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, Mr Aziz, Councillor Russell and the residents who had made representations then returned to the meeting.

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

RESOLVED:

that the application for a new premises licence for General Store, 44 Beaconsfield Road, Leicester LE3 0FE be granted subject to the conditions consistent with the Operating Schedule and a restriction to licensing hours as follows:

Monday to Saturday: 10.00 am – 9.00 pm

Sunday: 10.00 am – 6.00 pm.

The Chair stated that the reason for the decision was that a refusal of the licence would be, on balance, disproportionate but this had been seriously considered. There had been no compelling evidence that issues would arise in the hours granted. However, Members agreed with Councillor Russell that a licence, particularly into late hours could lead to anti-social behaviour, street drinking and disturbances hence the restriction in hours.

The panel requested that the applicant noted their concerns and did his utmost in his power to make sure they were unfounded.