Agenda item

The Director of Environmental Services submits a report on an application for a new premises licence, Sandringham Service Station, 270 Melton Road, Leicester, LE4 7PB.

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 0116 4546358

Please note that the supporting information to the report contains exempt information and is attached for Members only. These papers are marked “NOT FOR PUBLICATION”. The information in these papers will be exempt as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move to exclude the Press and Public during its consideration.

The Director of Environmental and Enforcement Services, submitted a report that required Members to determine an application for a new premises licence, Sandringham Service Station, 270 Melton 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 Aquila the applicant was present and was accompanied by Mr Botkai, solicitor and HKS representative Pauline Himsworth. 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 on 4 December 2014 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 noted that the objector was not present but had sent an email to say that the objector was unable to attend or be represented today but that the hearing should proceed and asked that the written representations be taken into account.

Mr Botkai on behalf of the applicant outlined the details of the application and responded to the written representation and answered questions from Members.

The Chair asked about the point made by the objector regarding a failure to advertise the previous application outside the premises in 2006 and what weight ought to be given to that. The Licensing Team Manager confirmed this was a new application for a premises licence and it should be considered on its own merits. The Licensing Team Manager said she was not aware of the previous application not being advertised and her advice to residents would be that if there were problems with a licence they could apply for the licence to be reviewed.

The applicant was then given the opportunity to sum up their position 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 about s176 of the Licensing Act 2003, 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, the applicant, the applicants’ solicitor and HKS representative 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, the applicant, the applicants’ solicitor and HKS representative 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 Sandringham Service Station, 270 Melton Road, Leicester be granted subject to the conditions consistent with the Operating Schedule in Appendix C with three additional conditions as follows:

a.     There shall be no sale of beer or cider with an ABV content in excess of 5.5% save for premium products.

b.     There shall be no sale of beer or cider in single cans or bottles of the same or smaller size to a standard can.

c.     The licence holder will maintain a refusal book or log to record any refusals of the sale of alcohol. The book or log shall be monitored regularly by store management. The log or book will be made available to the police, licensing authority or other authorised persons.

In reaching the decision the Hearing Panel were satisfied that the previous operation had not attracted the attention of the responsible authorities and there was no objection received from the responsible authorities. There was not enough actual evidence from the objector.

The Hearing Panel noted that s176 of the Licensing Act 2003 would need to be monitored going forward. The Hearing Panel commented that of course 24 hour alcohol sales were a cause of concern but they expected the applicant to run a professionally managed operation.