Agenda item

The Director of neighbourhood and Environmental Services submits a report on an application for a variation of an existing licence within a cumulative impact zone for Domingos Superstore, 67- 69 Church Gate, 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 telephoning Democratic Support on 0116 4546354.

(Wards affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report that required the Sub-Committee to determine an application for the variation of an existing premises licence within a Cumulative Impact Zone for Domingos Superstore, 67-69 Church Gate, Leicester, LE1 3AN.

Members noted that a representation had been received which necessitated that the application for a variation of an existing premises licence had to be considered by the Sub-Committee.

The Sub-Committee noted that Councillor Cank had had to step down from the hearing on account of a prejudicial interest, and had been substituted by Councillor Hunter.

The applicant Mr Sunday Ajeibi was present with Mr Tirunavukkarasu Kanagalingam (representative) and Mr Anil Bhavsar (Licensing Agent). Mr Nigel Rixon (Licensing Manager for Leicestershire Police) PC Jeff Pritchard, Mr Dave Braithwaite (Leicestershire Police), the Chief Licensing Officer, Licensing Team Leader and Legal Adviser to the Sub-Committee were also present.

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 from Leicestershire Police on 23^rd October 2018 which related to the prevention of crime and disorder, the prevention of public nuisance and public safety. The Police were concerned that the premises was in the heart of the Cumulative Impact Zone (CIZ), and the applicant was looking to vary the licensing hours substantially but had not identified what steps they would take to ensure the longer operating hours would not impact on the CIZ. They were also concerned about the removal of the condition that Mr Kanagalingam would not be employed at the premises, because he had been seen behind the counter of the premises. It was noted that additional information from the police had been circulated, and CCTV and bodycam footage would be viewed in the meeting.

PC Pritchard from Leicestershire Police was given the opportunity to outline the reasons for the representation, and responded to questions from the Sub-Committee and the applicant’s licensing agent. During the submission CCTV footage and Bodycam footage was viewed by those present.

The applicant’s licensing agent outlined the reasons for the application, and answered questions from Members. An example of footage of other employees working in the shop was offered but not viewed. A reduction in the opening hours applied for on Friday and Saturday to 11.00pm was also offered.

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

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee it the presence of all those present and were advised of the options available to them in making a decision. The Sub-Committee 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, 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 the parties represented present.

The applicant Mr Ajeibi, Mr Kanagalingam, Mr Bhavsar, Mr Rixon, PC Pritchard, Mr Braithwaite, the Chief Licensing Officer, Licensing Team Leader and Legal Adviser to the Sub-Committee then withdrew from the meeting.

The Sub-Committee then gave the application full and detailed consideration. The Legal Adviser to the Sub-Committee was recalled to the meeting to advise Members on the wording of their decision.

The applicant Mr Ajeibi, Mr Kanagalingam, Mr Bhavsar, Mr Rixon, PC Pritchard, Mr Braithwaite, the Chief Licensing Officer, and Licensing Team Leader then returned to the meeting.

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

RESOLVED:

That the application for the variation of an existing premises licence within a cumulative impact zone Domingos Superstore, 67-69 Church Gate, Leicester, LE1 3AN be REFUSED.

REASON FOR THE DECISION.

The Sub-Committee considered the application on its individual merits. The Sub-Committee felt that the applicant had failed to demonstrate that the variation of the licence would be unlikely to add to the existing problems of cumulative impact in the area.

The Sub-Committee accepted the representations made by the Police. The Sub-Committee felt that the applicant had failed to put forward sufficient grounds or evidence as to why the licence should be varied.

The Sub-Committee therefore rejected the application to vary in its entirety.

The applicant was advised of the right to appeal to the Magistrates Court.