Agenda and minutes

RESOLVED:

                        that Councillor Thomas be appointed as Chair for the hearing. 

Members are asked to declare any interests they may have in the business on the agenda.

Members were asked to declare any interest they may have in the business on the agenda.

No such declarations were made.

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 229 8809.

The Service Director (Environmental Services) submitted a report that required Members to determine an application for a new premises licence for Salvador Deli, 50 Queens Road, Leicester, LE2 1TU.

Members noted that representations had been received in respect of this application, which necessitated that the application for a new premises licence had to be considered by Members.

Mr Jhan Husain, applicant and, Mr David Brown, applicant’s Solicitor, Mr Garry Walker and Mrs Pauline Walker, objectors, an Officer from the Licensing Department, an Officer from the Noise Team and a Legal Officer were present at the meeting. 

The Licensing Officer presented the report and evidence was heard from all parties present. It was noted that representations had been made on the grounds of the prevention of crime and disorder, prevention of public nuisance, protection of children from harm.

Colour photographs and a plan of the premises were circulated.

Concerns were expressed by the objectors at the street café application that had been submitted by the applicant. The Chair stated that any business to do with the Street Café concerns would be dealt with at a separate meeting as the sole reason for the Hearing was to consider the application for a premises licence. The objectors explained that there were a number of bars in the area and that had led to an increase in anti social behaviour. Concerns were raised that there would be increased levels of noise and the area would not be able to cope with the demand for parking. The objectors stated that they felt the premises were currently very attractive however their concerns lay with the licensing of the premises. They commented that granting the licence would lead to people congregating outside the premises and this would make people passing by or other people nearby uncomfortable. Concern was also raised that the area would not be able to sustain another bar and that people would be disturbed when going to sleep.

An Officer from the Noise Team commented that he had raised concern about the noise that would affect the adjoining house at 39 Howard Road, which shared a wall with the premises. The Hearing was informed that the applicant had agreed to a condition which meant that there would be no equipment installed on the wall. The Officer commented that the agreement of the condition would mean he would withdraw his objection.

The Solicitor for the applicant commented that there would be a small area at the back of the premises, which would be used for the consumption of alcohol. The alcohol would only be served until 8pm and this would be before most people went to sleep. The Solicitor commented that the premises would be managed responsibly. With regard to concern about the number of bars in the vicinity, the Solicitor commented that the bars were supported by the customers. Due to the capacity of the venue it would be easy to maintain control and there would be no late night noise as the premises  ...  view the full minutes text for item 17.

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 229 8809.

The Service Director (Environmental Services) submitted a report that required Members to determine an application for a new premises licence for Tesco Stores Ltd, 40 Granby Street, Leicester, LE1 6FB.

Members noted that a representation had been received in respect of this application, which necessitated that the application for a new premises licence had to be considered by Members.

The applicant was represented by Mr John Dyas, Area Manager, Miss Tracey Longfield, Solicitor and Mr David Rawlings, Store Manager. An Officer from the Leicester City Council’s Licensing Unit and a Legal Officer were also present at the meeting. 

The Licensing Officer presented the report and evidence was heard from all parties present. It was noted that the representation had been made on the grounds of the prevention of crime and disorder and prevention of public nuisance.

The Solicitor for the applicant informed the Hearing that the premises would be a brand new store, which would be part of the national Tesco Stores Ltd Group. Comprehensive training would be given to staff and there was also regular refresher training as well. After May 2009 the company would be adopting a ‘think 25 policy’ across the country when serving alcohol. There would also be a prompt on the till which reminded the staff to ensure the person purchasing alcohol was not underage. The Hearing was informed that the store owner had already carried out training for the staff who would be working in the store. The Solicitor informed the meeting that Tesco were a responsible retailer and she explained how they would meet the Licensing objectives. There would be a CCTV system and security at the store from 2pm until closing time. As well as the prompt on the till, there would also be signage displayed on the store informing customers of the ‘think 25 policy’.

The Solicitor for the applicant also circulated to the Members a previous judicial review case where an applicant for a licence had won on appeal after the licence had been rejected due to a magistrates court considering events that may occur in the future.

Prior to deliberation, the Legal Officer advised Members of options available to them in making a decision.

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 applicant representatives, Mr John Dyas, Area Manager, Miss Tracey Longfield, Solicitor and Mr David Rawlings, Store Manager, the Licensing Officer and Legal Officer all withdrew from the meeting.

Members then gave the application full and detailed consideration.

Members called back the Legal Officer for clarification on the wording of their decision.

The applicant representatives, Mr John Dyas, Area Manager, Miss Tracey Longfield, Solicitor and Mr David Rawlings, Store Manage and the Licensing Officer all returned to the meeting.

RESOLVED:

that the licence be granted, subject to the following conditions:

1)     The premises will have a digital  ...  view the full minutes text for item 18.

The meeting closed at 12:13pm.