Agenda item

The Director of Environmental and Enforcement Services submits a report on an application for a new premises licence within a cumulative impact zone: 10-12 Hinckley 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 229 8897.

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence within a cumulative impact zone, LAT Food Ltd, 10-12 Hinckley Road, Leicester LE3 0RA.

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 Ignus Kalnins, 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 Kalnins 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 Kalnins, 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 Kalnins, 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 LAT Food Ltd, 10-12 Hinckley Road, Leicester LE3 0RA 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 as follows:

a.     The licence holder will do a full risk assessment of the premises to cover all four licensing objectives.

b.     The licence holder will ensure anyone who appears to be drunk and or aggressive will not be allowed on the premises.

c.     The licence holder will make sure litter is regularly cleared from the external areas around the premises.

d.     The licence holder will discourage drinking and anti-social behaviour in the vicinity of his premises.

e.     All customers will be asked to leave the premises quietly.

f.      Staff will ensure that any children on the premises are supervised by the adults accompanying them.

g.     The licence holder will ensure staff are trained to be vigilant regarding proxy sales of alcohol.

h.     The licence holder will ensure that all staff, paid or unpaid, are trained in responsible alcohol retailing, including the licensing objectives, at six monthly intervals and that this training is documented and signed for.

i.       The licence holder will operate and maintain a refusals register which will be kept on the premises and made available to the responsible authorities on request.

j.       The licence holder will maintain an incident log which will be kept on the premises and made available to Police and responsible authorities on request. All incidents will be reported to the police.

k.     The licence holder will ensure that CCTV is installed following advice from the Leicestershire Police and maintained at all times the premises is open to the public and will be kept for a minimum 31 days. Recordings will be made available to the Police and responsible authorities within 48 hours of a request for the recordings being made.

l.       The licence holder will provide training to all staff, paid or unpaid, working at the premises in relation to Challenge 25 and will adopt this as the premises “age policy”. This training is to be documented and repeated a minimum of twice a year to retain focus.

m.   The licence holder will display notices to inform customers that they will be asked for proof of age if they appear under 25 to the person selling the alcohol.

n.     The licence holder will display signs to inform customers not to purchase alcohol for or on behalf of anyone that has not reached 18 years of age.

The Hearing Panel decided to grant the licence 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. Where there was duplication, the police worded condition would take precedence, except for the final condition in the representation from the police, which was removed as that was already covered by legislation.

In making their decision the Hearing Panel noted it was the intention of the applicant Mr Ignus Kalnins to surrender the licence of his current premises on 63 Narborough Road, Leicester and it was noted that he was transferring the business and with the conditions attached the Hearing Panel did not believe the business would adversely impact upon the CIZ.