Agenda item

The Director of Neighbourhoods and Environmental Services submits a report on an application for a new Premises Licence for Melton Road Convenience Store, 198 Melton Road, LE4 5EE.

Reports attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicster.gov.uk or by contacting Democratic Support on 0116 454 5843.

The Chair led on introductions and confirmed with the Sub-Committee Members that reports for the meeting had been read.

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new Premises Licence for Melton Road Convenience Store, 198 Melton Road, LE4 5EE.

Mrs Harpreet Kaur Aurora was present with her representative Mr Anil Bhawsar. The Licensing Team Manager (Policy and Applications), and Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that an objection to the application was received on 31 March 2021on the grounds of the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm. The objector was concerned that that the granting of the licence would add to anti-social behaviour in the area.

Mrs Kaur Aurora through her representative Mr Bhawsar were given the opportunity to present their case and answered questions from Members.

All parties were 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. 

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 Chair announced that the decision and reasons made during private deliberation would be publicly announced in writing within five working days. The Chair informed the meeting the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision. 

The Chair then asked all but Members of the Sub-Committee and Democratic Support Officers, Licensing Team Manager (Policy and Applications) and Legal Adviser to the Sub-Committee to disconnect from the meeting. The Sub-Committee then deliberated in private to consider their decision. 

During private deliberation, the Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.   

RESOLVED:

That the application for a new Premises Licence for Melton Road Convenience  Store, 198 Melton Road, LE4 5EE be GRANTED

Members of the Sub-Committee had been asked to determine an application made under the Licensing Act 2003, for a new premises licence authorising off-sales of alcohol at Melton Road Convenience Store, 198 Melton Road, Leicester, LE4 5EE, seven days a week from 8am to 11pm, those hours also being the proposed opening hours of the premises.

Members of the Sub-Committee had carefully considered the Committee report presented by the Licensing Team Manager (Policy and Applications), all the representations and the legal advice provided.

Members considered the licensing objectives to be of paramount concern and had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy, the Regulator’s Code and the Statutory Guidance issued under Section 182 of the Licensing Act 2003.

A representation against the application had been received from a member of the public in writing.   The representation was based on all four of the licensing objectives, namely the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.  In summary the member of the public was concerned that there were other off-licences in the vicinity and a nearby garage, which is open 24 hours, as such they stated a further off-licence would add to the current problems of anti-social behaviour.

Members noted that no representations had been received from any of the responsible authorities including the Police.

Members had considered the representations put forward by the Applicant’s Representative which in summary were that they are an experienced family business having had approximately 10 years’ experience of running other convenience stores on Melton Road and Gypsy Lane, Leicester .  It was submitted that they will continue to run this premises in a responsible manner and in a way that will not undermine the licencing objectives. They will also have a zero tolerance against anti-social behaviour.

Members had not taken anything presented to them at face value and confirmed that they had scrutinised the information put before them by all parties.

The Sub-Committee had considered each of the decisions available to them.   As a result of what they had heard, Members were satisfied that that it was appropriate and proportionate considering the licensing objectives to GRANT the application without modification.

REASONS FOR THE DECISION

Members were confident that the Applicant would manage the premises in a manner that will promote and uphold the licensing objectives and in compliance with the requirements of the Licensing Act 2003. 

Members did not accept that the there was an over saturation of off-licenced premises in the area nor that the addition of this premises would add to any problems with anti-social behaviour.

The Sub-Committee’s decision was made in the interests of promoting the licensing objectives.