The Director of Neighbourhood and Environmental Services submits a report on an application to transfer an existing premises licence and to vary a premises licence to specify an individual as a designated premises supervisor for Domingo’s Superstore, 67-69 Church Gate, Leicester LE1 3AN.
Please note that the report and supporting information 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 These papers are marked “NOT FOR PUBLICATION”.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, 2, 3 and 7 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 in public. Should Members wish to refer to any of these details it is recommended that the meeting move to a Private Session and exclude the Press and Public during its consideration.
A copy of the associated documentation is attached for Members only.
(Wards affected: Belgrave)
Minutes:
The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine applications to transfer an existing premises licence within a cumulative impact zone and to vary a premises licence to specify an individual as a designated premises supervisor for Domingos Superstore, 67-69 Church Gate, Leicester LE1 3AN.
The sub-committee noted that a representation had been received that necessitated that the applications to transfer an existing premises licence within a cumulative impact zone and to vary a premises licence to specify an individual as a designated premises supervisor had to be considered by the sub-committee.
Introductions were made and the procedure for the meeting was outlined to those present.
The applicant Mr Kanagalingam, the applicant’s legal representative Mr Peter Millward from Josiah Hincks solicitors, Mr Joe Matharu from Josiah Hincks solicitors, PC Jon Webb from Leicestershire Police, the Licensing Team Manager and the Solicitor to the sub-committee was present.
The Licensing Team Manager presented the report. It was noted that a representation had been received from Leicestershire Police on 9th November 2017 in relation to the prevention of crime and disorder as they believed there were exceptional circumstances which would undermine the crime prevention objective should the applications be granted.
PC Jon Webb from Leicestershire Police outlined the reasons for the representation and responded to questions from the sub-committee.
The applicant’s legal representative Mr Peter Millward was then given the opportunity to respond to the objection and to outline the reasons for the applications. The applicant’s legal representative Mr Peter Millward then answered questions from the sub-committee.
Both parties were then given the opportunity to sum up their positions and make any final comments.
Prior to the sub-committee considering the application the Solicitor to the sub-committee advised of the options available to them in making their decisions. The sub-committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decisions.
In reaching their decisions the sub-committee felt that 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, in accordance with the provisions of the Licensing Act 2003 (Hearings) Regulations 2005.
The applicant Mr Kanagalingam, the applicant’s legal representative Mr Peter Millward from Josiah Hincks solicitors, Mr Joe Matharu from Josiah Hincks solicitors, PC Jon Webb from Leicestershire Police, the Licensing Team Manager and the Solicitor to the sub-committee withdrew from the meeting.
The sub-committee then gave the applications their full and detailed consideration.
The Solicitor to the sub-committee was then recalled to the hearing to give advice on the wording of the decisions.
The applicant Mr Kanagalingam, the applicant’s legal representative Mr Peter Millward from Josiah Hincks solicitors, Mr Joe Matharu from Josiah Hincks solicitors, PC Jon Webb from Leicestershire Police, the Licensing Team Manager then returned to the meeting.
RESOLVED:
That the applications to transfer an existing premises licence within a cumulative impact zone and to vary a premises licence to specify an individual as a designated premises supervisor for Domingos Superstore, 67-69 Church Gate, Leicester LE1 3AN be refused.
In reaching their decisions the sub-committee commented that they found the reasons given by the applicant’s representative did not justify the failure of the applicant to uphold the licensing objectives which were of paramount importance and therefore the sub-committee decided to refuse the applications. The sub-committee were not satisfied by the applicant’s reasons for concealing the high strength alcohol behind the counter and they were concerned about the concealed unpaid duty tobacco and therefore did not believe the applicant would uphold the licensing objectives, especially preventing crime and disorder.
Supporting documents: