Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for: Green Lane Fruit & Veg, 42-44 Green Lane Road, Leicester, LE5 3TH

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 phone Democratic Support on 0116 4546358.

(Wards affected: North Evington)

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine an application for a new premises licence for Green Lane Fruit & Veg, 42-44 Green Lane Road, Leicester, LE5 3TH.

The sub-committee noted that a representation had been received which necessitated that the application for a new premises licence had to be

considered by the sub-committee.

Mr Bhawsar on behalf of the applicant, Mr Modhwadia the applicant, Mr Modhwadia (senior) the applicant’s father, the Chief Licensing Officer and the Solicitor to the sub-committee were present.

Also in attendance was a reporter from the Leicester Mercury.

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

The Chief Licensing Officer presented the report and outlined details of the application. It was noted that a representation had been received on 11^th May 2018 from a local resident in the form of a petition signed by 73 local residents which related to the prevention of crime and disorder, the prevention of public nuisance and public safety. Concerns were raised that the grant of a licence would add to existing noise and alcohol related disturbances in the area.

It was noted that neither the local resident lodging the petition or any of the signatories were present, the sub-committee confirmed they would take account of the petition as a written representation when considering matters.

The Chief Licensing Officer informed the sub-committee that a petition in support of the application had also been received on 22^nd May 2018 from the applicant bearing 179 signatures.

Mr Bhawsar on behalf of the applicant was then given the opportunity to outline the details of the application, respond to the points made in the petition/written representation and to answer questions from the sub-committee.

All parties were then given the opportunity to sum up their positions and make final comments.

Prior to the sub-committee considering the application the Solicitor to the sub-committee advised them of the options available to them in making a decision and the relevant policy and statutory guidance that needed to be taken into account when making their decision.

In reaching their decision, the sub-committee 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 Chief Licensing Officer, the Solicitor to the sub-committee, Mr Bhawsar on behalf of the applicant, Mr Modhwadia the applicant, Mr Modhwadia (senior) and the press withdrew from the meeting.

The sub-committee 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 Chief Licensing Officer, Mr Bhawsar, on behalf of the applicant, Mr Modhwadia the applicant, Mr Modhwadia (senior) and the press 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: Green Lane Fruit & Veg, 42-44 Green Lane Road, Leicester LE5 3TH be granted with the conditions consistent with the operating schedule.

In reaching their decision the sub-committee commented that they had been asked to determine an application for a new premises licence at Green Lane Fruit & Veg, 42-44 Green Lane Road Leicester. When considering this matter the licensing objectives were of paramount concern. The sub-committee considered this case on its own merits and in accordance with the licensing authority’s statement of licensing policy and guidance issued under s182 of the Licensing Act 2003.

The application was made by Mr Modhwadia in accordance with s17 of the Licensing Act 2003.

Mr Modhwadia wanted to sell alcohol from the premises between the hours of 7am and 11pm. A representation was received from a local resident in the form of a petition which stated they were concerned that the grant of the licence would add to the existing problems in the area of noise and alcohol related disturbances.

After considering two petitions, one for and one against the application and considering the statements made by the applicant’s representative the sub-committee agreed to grant the application for a new premises licence as sought. The sub-committee did not believe that the granting of the licence would add further noise or disruption to this area.