Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence within a cumulative impact zone: Braunstone Fryer, 53 Braunstone Gate, 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 telephoning Democratic Support on 0116 4546358

(Wards Affected: Westcotes)

The Director of Neighbourhoods and Environmental Services, submitted a report that required Members to determine an application for a new premises licence for Braunstone Fryer, 53 Braunstone Gate, 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.

The applicant – Mr Zuber Patel and PC Jon Webb from Leicestershire Police were present at the hearing. Also present was the Licensing Team Manager and the Legal Advisor to the Sub-Committee.

It was noted that a representative from the Press was also present.

Introductions were made and the procedure for the meeting was outlined to those present.

The Licensing Team Manager presented the report and answered questions from Members.

PC Webb outlined the reasons for the representation. There were no questions from Members or the applicant.

Mr Patel was then given the opportunity to outline the details of the application, responded to the points made and answered questions from Members. Whilst making his representation Mr Patel disclosed that he had already been issued with the licence for this premises but had subsequently been informed that the licence had to be withdrawn as it had been issued due to an administrative error. The Sub-Committee requested a short adjournment of the hearing to receive advice from the Legal Advisor to the Sub-Committee and information on the report from the Licensing Team Manager.

PC Webb, Mr Patel and the representative from the Press then withdrew from the hearing and returned following the short adjournment.

The Sub-Committee informed those present that having received clarification from the Licensing Manager and having received legal advice they would continue with the hearing as it was in the public interest to do so.

Mr Patel and PC Webb then responded to further 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 Legal Advisor to the Sub-Committee 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 Legal Advisor to the Sub-Committee, Mr Patel, PC Webb and the representative from the Press then withdrew from the meeting.

Members then gave the application full and detailed consideration.

The Legal Advisor to the Sub-Committee was then recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, Mr Patel, PC Webb and the representative from the Press then returned to the meeting.

The Chair informed all persons present that they had recalled the Legal Advisor to the Sub-Committee for advice on the wording of their decision.

RESOLVED:

That the application for a new premises licence for Braunstone Fryer, 53 Braunstone Gate, Leicester be GRANTED with the additional condition;

1.    CCTV situated outside the premises on the advice of the Police.

REASONS FOR THE DECISION

In reaching their decision the Sub-Committee Members said that they had carefully considered the implications surrounding this licence application. The Sub-Committee acknowledged the Police representation and had considered this against the natural rights of the applicant. Further consideration had been given to the type of merchandise being sold at these premises. In the light of this, the Sub-Committee did not consider that allowing this licence would add greatly to the throng of people inhabiting these areas at busy times. The added condition was designed to prevent law and disorder.