Agenda item

The Director of Environmental and Enforcement Services submits a report on an application for a new premises licence, Mystic Spice, 146c London Road, Leicester.

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.

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence within a cumulative impact zone, Mystic Spice, 146C London Road, Leicester.

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 Balalur Rahim, applicant was present. PC Jon Webb and Inspector Nigel Rixon from Leicestershire Police were present. Also present was the Licensing Team Manager and the Solicitor to the hearing panel.

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 that related to the four licensing objectives, the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm.

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

Mr Rahim was then given the opportunity to respond to the points made and answer questions from 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 Rahim, PC Webb and Inspector Rixon 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 Rahim, PC Webb and Inspector Rixon 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 within a cumulative impact zone for Mystic Spice 146C London Road, Leicester be granted subject to the conditions consistent with the Operating Schedule together with the conditions consistent with the representation from the police as stated in Appendix C and subject to a minor amendment to one of the conditions proposed by the police representation to insert the words “…CCTV is installed no later than 1^st June 2015 following advice…” as follows:-

1.     The licence holder will put in place management controls and training of all staff so they are aware of their responsibilities under the Licensing Act including age verification.

2.     The licence holder will ensure there is no drunk and disorderly, violent or anti-social behaviour on the premises.

3.     The premises will be fitted with fixed internal and external lighting to aid public safety.

4.     The licence holder will ensure that all fixtures and fittings of the premises are maintained and in a good condition.

5.     Deliveries to the premises will be arranged at a suitable time or in a suitable manner so they don’t cause disruption to neighbouring residents.

6.     Alcohol will only be sold to customers who are purchasing a substantial meal.

7.     The licence holder will ensure that CCTV is installed no later than 1^st June 2015 following advice from the Leicestershire Police and maintained in accordance with the Information Commissioners CCTV Code of Practice. Images will be kept for a minimum of 31 days and made available to the Police and responsible authorities within 24 hours of a request being made.

8.     The licence holder will ensure all incidents of crime or disorder will be reported to the police and recorded in an incident book to be kept at the premises which will be made available to responsible authorities and police on request.

9.     The licence holder will ensure all staff are trained in the “Challenge 25” policy and that suitable signs relating to Challenge 25 are displayed in the restaurant.

10. The licence holder will ensure a refusal book is maintained and kept at the premises and made available to responsible authorities and police on request.

In reaching the decision the panel concluded this premises had operated with a licence previously and there was no reason to believe the current business would have any greater impact because of the licensable activity than the previous business.