Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for Johnny Custard, 183 Evington Road, Leicester, LE2 1QN.

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: Stoneygate)

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new Premises Licence for Johnny Custard, 183 Evington Road, Leicester, LE2 1QN.

The Chair led on introductions and outlined the procedure for the meeting to be followed.

The applicants, Mr Mohammed Mimoniat (Owner) and Mr Adam Khalifa (Marketing and Administration) were present. Also present was Chris White (Noise and Pollution Control Officer), the Licensing Team manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

The Licensing Team Manager (Policy and Applications) presented the report. It was noted a representation was received on 19^th October 2021 by the Noise Team on the grounds of the prevention of public nuisance. The Noise and Pollution Control Officer outlined details of the application and any concerns raised.

It was further noted a representation was received on 19^th October 2021 from Leicestershire Police, on the grounds of the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm. An agreement had been reached between the applicant and Leicestershire Police and a number of conditions agreed to be added should the license be granted.

Mr Mimoniat and Mr Khalifa were then given the opportunity to address the Sub-Committee, put forward their case, address concerns raised by The Noise and Pollution Team and answer any questions from Members and Officers.

All parties present 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 the deliberation taking place with the parties represented present, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. 

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

The Chair then informed the meeting that all but the Democratic Support Officers should withdraw from the room. The Sub-Committee then deliberated in private to consider their decision.

The Sub-Committee Members 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 be for Johnny Custard, 183 Evington Road, Leicester, LE2 1QN be GRANTED, subject to the agreed conditions with amendment and an additional condition.

Members of the Sub-Committee had been asked to determine an application made under the Licensing Act 2003, for a new premises licence.

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

The Sub-Committee had considered carefully the representations made by the Applicant and those received from the Noise Team at Leicester City Council and Leicestershire Police.

The Sub-Committee 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.

Members had not taken anything presented to them at face value and confirmed 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 when considering the licensing objectives to GRANT the application subject to the conditions contained within Appendix C to the report, with the following amendment and additional condition:

Amendment to Condition at Appendix C

1.    The licence holder will ensure the outside seating area will close at 22:00 hours Monday - Sunday

Additional Condition

2.    The licence holder will ensure that the provision of takeaway food will cease at 00:00 hours Monday – Sunday

REASONS FOR THE DECISION

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