Agenda item

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.

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 3^rd 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 of the council; reflected in the city wide street drinking order decision. However, the applicant had shown that it was unlikely there would be an impact upon the Cumulative Impact Zone. It was now for the applicant to prove this as he would know that a review of the licence could have serious consequences.