Agenda and minutes

RESOLVED:

                        that Councillor Thomas be appointed as Chair for the meeting.

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

Members were asked to declare any interests they might have in the business on the agenda.

No such declarations were made at this time.

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.

Please note that the supporting information to the report contains exempt information and is attached for Members only. These papers are marked 'NOT FOR PUBLICATION'. The information in these papers will be exempt as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move to exclude the Press and Public during its consideration. 

The Director (Environmental Services) submitted a report that required Members to determine an application for a variation to an existing premises licence for Curry Fever, 139 Belgrave Road, Leicester, and the report summarised the representations received.

Members noted that representations had been received in respect of the application, which necessitated that the application to vary a premises licence to include the showing of films, performing of live music and the making of music had to be considered by Members.

Sunil Anand, the owner of the premises was present at the meeting, together with Mr N. Pankhania, Mr S. Sachdev and Mr M. Patel who had submitted the representations. An officer from Leicester City Council’s Licensing Unit and an officer from the City Council’s Environmental Health Noise Team and a Legal Officer were also present.

The Licensing Officer presented the report and it was noted that the representations had been made in respect of noise nuisance, the occurrence of anti-social behaviour at the rear of the premises, the use of the area outside the rear door by customers/staff as a smoking zone and the parking of vehicles in the shared rear entrance to the premises.

Members were informed by Mr Anand that the karaoke machine was located in the function room and was only played during private parties. The windows and doors to the rear of the premises were double glazed and Mr Anand stated that he was prepared to ensure that these were kept shut when music was being played. The shared access to the rear of the premises was used only by delivery vehicles and staff and led to a small service yard which, it was ascertained, represented the fire assembly point for the restaurant, customers were not allowed to park in this accessway. Mr Anand stated that he was concerned at the incidences of Anti-Social behaviour at the rear of his premises and he had suggested the erection of gates on the Randall Street entrance, but objections to this proposal had been received from local residents.

The officer representing Environmental Health Noise Nuisance Team stated that the department had no evidence of noise at the premises, as two previous call outs had been cancelled. Recommendations were that noise could be minimised by ensuring that the windows and doors were kept shut and the levels of music managed in order to achieve a satisfactory level of noise. The Chair questioned whether consideration had been given to the fitting of a regulator to the karaoke machine, the officer stated that this had not been considered as there had been no actual evidence obtained as to the noise levels.

Prior to moving into private session the Legal Officer advised Members of the options available to them in making a decision and informed the public present that, should they have reason to complain then a review of the premises licence could be sought.

In reaching their decision, Members felt they should deliberate in private on the basis that this was in the  ...  view the full minutes text for item 10.

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.

Please note that the supporting information to the report contains exempt information and is attached for Members only. These papers are marked 'NOT FOR PUBLICATION'. The information in these papers will be exempt as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move to exclude the Press and Public during its consideration. 

The Director (Environmental Services) submitted a report that required Members to determine an application for a review of an existing premises licence for Mayfield News, 23 Mayfield Road, Leicester, and the report summarised the representations received.

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

Mr Vijay Patel, the owner of the premises was present at the meeting, together with Mr Dean Carr and Miss Jo Taylor of Personal Licence Training. Ps Moore and Pc Webb from Leicestershire Constabulary, an Officer from the Leicester City Council’s Licensing Unit and a Legal Officer were also present.

The Licensing Officer presented the report and it was noted that the representation had been made in relation to the prevention of crime and disorder and the protection of children from harm. The Leicestershire Constabulary were concerned that the shop had failed two separate ‘test’ purchases when alcohol had been sold to children.

Ps Moore then informed the meeting that the Police had made their representation because of the failure, during two separate Test Purchase operations in July and August 2009, when Mr Patel and then his mother had sold alcohol to a child. Ps Moore reported that Mr Patel had been the premises holder and designated premises supervisor (DPS) at Mayfield News since the Licensing Act 2003 had come into force. Mr Patel had obtained his personal licence under ‘grandfather rights’. Ps Moore reported that Mr Patel had received a Challenge 21 pack from the Police in February 2009.

Ps Moore drew attention to his report, appended to the Agenda, setting out a series of measures to address the issues outlined, and stated that he understood that Mr Patel was in agreement with the suggestions.

At this point Mr Carr and Miss Jo Taylor, ‘Personal Licence Training’, representing Mr Patel addressed the meeting. Miss Taylor stated that Mr Patel had approached ‘Personal Licence Training’, a nationally recognised body that offered training and advice for enforcers and licensees regarding  the provisions of the Licensing Act 2003. Under their guidance Mr Patel had now installed a digital CCTV recording system to his premises, operated on a 24/7 basis, and that this system was available for inspection. Mr Patel had also imposed the Challenge 25 Policy, rather than the Challenge 21 Policy. Mr Patel had, since the two test purchase incidents, undertaken and passed the NCPLH Level 2 qualification, and would also be attending the DPS (BIIAB accredited) Personal Licence training before 31^st December 2009. Miss Taylor stated that it had also been proposed that Mrs Patel attend the BII level 1 training course before 31^st December 2009. Mr Patel would be ensuring that all alcohol vessels on his premises were marked with an identity label and personal licence Training would be providing Mr Patel with a training register, a sequential page numbered refusals register and additional copies of the Challenge 25 poster for  ...  view the full minutes text for item 11.

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.

Please note that the supporting information to the report contains exempt information and is attached for Members only. These papers are marked 'NOT FOR PUBLICATION'. The information in these papers will be exempt as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move to exclude the Press and Public during its consideration

The Director (Environmental Services) submitted a report that required Members to determine an application for a new premises licence for the supply of alcohol at Narborough Road Newsagents, 93 Narborough Road, Leicester, and the report summarised the representations received.

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

Mr Chandhulal Shah, the owner of the premises, was present at the meeting. An officer from Leicester City Council’s Licensing Unit and a Legal Officer were also present.

The Licensing Officer presented the report and stated that the objector had been unable to attend the meeting but that the objection was focussed around the purpose of the store making the application.

Members were informed by Mr Shah that he had owned the newsagent business for 30 years and that the reason he was applying to supply alcohol was to compete with local businesses that also now sold newspapers.

Prior to moving into private session the Legal Officer advised Members of the 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.

Mr Shah, the Licensing Officer and the Legal Officer withdrew from the meeting.

Members then gave the application full and detailed consideration.

Mr Shah, the Licensing Officer and the Legal Officer then returned to the meeting.

RESOLVED:

that the licence to supply alcohol be granted, subject to the licence holder ensuring that a CCTV system is in operation at the premises, and available for inspection by City Council Officers and the Police.

The Chair declared the meeting closed at 1.47 pm.