Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for Kritika Pan Centre, 103 Uppingham Road, Leicester, LE5 3TB

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 0116 4546354

(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 Kritika Pan Centre, 103 Uppingham Road, Leicester, LE5 3TB.

Members noted that a representation had been received in respect of the application, which necessitated that the application had to be considered by the Sub-Committee.

The applicant, Mrs Hansha Samji was present with her accountant Mr Vijay Thanki, attending as interpreter for Mrs Samji. The Chief Licensing Officer, Licensing Team Manager and Legal Adviser to the Sub-Committee were also present. The person who had submitted a representation was not present.

Introductions were made and the procedure for the meeting was outlined to those present. It was established that the report had been translated to the applicant.

The Chief Licensing Officer presented the report and outlined details of the application. It was noted that a representation had been received from a local resident on 22^nd January 2019 which related to the licensing objectives of the prevention of public nuisance and public safety. The local resident was concerned there was already an issue of street drinking and anti-social behaviour in the area and granting the licence might increase those issues. It was further noted during presentation of the report that Section M of the application for the premises licence on how the applicant would promote the licensing objectives had not been completed.

Members asked if Mrs Samji had a personal licence, which was confirmed, and the process for obtaining a personal licence was outlined.

There were no questions from the applicant on the report.

Mrs Samji through her interpreter outlined the reasons for the application and answered questions from Members and the Chief Licensing Officer.

All 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 in the presence of all those present and were advised of the options available to them in make a decision. The Sub-Committee was 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 with the parties represented present.

The applicant Mrs Samji and interpreter Mr Thanki, the Chief Licensing Officer, Licensing Team Manager 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 Mrs Samji and interpreter Mr Thanki, the Chief Licensing Officer and Licensing Team Manager then returned to the meeting.

Those present were informed the Legal Adviser to the Sub-Committee was recalled to advise Members on the wording of the decision.

RESOLVED:

That the application for a new premises licence for Kritika Pan Centre, 103 Uppingham Road, Leicester, LE5 3TB, be REFUSED.

REASON FOR THE DECISION

The Sub-Committee said that as a result of what they had heard, they were satisfied that the representation from a local resident engaged two of the four licensing objectives. The applicant had failed to satisfy the Sub-Committee that she understood what was required to promote the licensing objectives.

The Sub-Committee added that the operating schedule relating to the four licensing objectives had been left blank and on questioning the applicant they had reached the view that she did not understand what was required of a licence holder. Having considered everything the Sub-Committee concluded that the applicant did not have the necessary skills or competency to promote the licensing objectives.

The applicant was advised she could appeal the decision to the Magistrates Court within 21 days.