This is a default template, your custom branding appears to be missing.
The custom branding should be at https://www.leicester.gov.uk/cabinet-pages-template/ if you cannot load this page please contact your IT.

Agenda and minutes

Agenda and minutes

Venue: Microsoft Teams Meeting

Contact: Angie Smith, Tel: (0116) 4546354, Email:  angie.smith@leicester.gov.uk 

Items
No. Item

46.

APPOINTMENT OF CHAIR

Minutes:

Councillor Pickering was appointed as Chair for the meeting.

 

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panels (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales)(Regulations) 2020 (the 2020 Regulations) and in accordance with the Council’s own Remote Procedure Rules.

47.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

48.

DECLARATIONS OF INTEREST

Members are asked to declare any interests they may have in the business to be discussed.

Minutes:

There were no declarations of interest.

49.

APPLICATION FOR A NEW PREMISES LICENCE: FAIRFAX STORE, 46 FAIRFAX ROAD, LEICESTER, LE4 9EH pdf icon PDF 819 KB

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for Fairfax Store, 46 Fairfax Road, Leicester, LE4 9EH.

 

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

 

(Wards Affected: Troon)

Additional documents:

Minutes:

Introductions were made and the procedure for the meeting was outlined.

 

The Chair 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 Fairfax Store, 46 Fairfax Road, Leicester, LE4 9EH.

 

Members noted that representations had been received, which necessitated the application had to be considered by the Sub-Committee.

 

Mr Bharat Khunti (applicant) and representative Mr Anil Bhawsar (Licensing Agent), Ms Jackie Copeland, Ms Rosie Budd and Mr Mukesh Patel (persons who had made representations) were present. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

 

It was noted that a person who had made a representation had not been successful in joining the meeting but continued attempts to do so would be made. The Legal Adviser to the Sub-Committee advised those present that the objector could join at any point in the meeting, as he was a person who had submitted a written representation which would be taken into consideration.

 

The Licensing Team Manager (Policy and Applications) confirmed with residents that a petition had been received the previous day in support of the application, but it had not been circulated to Members or objectors to the application. Residents in objection to the application confirmed the petition could be circulated to the Panel Members.

 

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that five representations were received between 26th December 2020 and 3rd January 2021 from local residents which related to all four licensing objectives.

 

The Chair asked what times a nearby convenience store opened. The Licensing Team Manager (Policy and Applications) indicated that she would obtain the details from Licensing’s records.

 

Mr Bhawsar on behalf of the applicant was given the opportunity to outline the reasons for the application and answered questions from Sub-Committee Members and those who had made representations.

 

Ms Copeland asked for clarification as to why the petition had been submitted so late, as objectors to the application had not had opportunity to view it. The Chair noted those present who had made representations had agreed at the beginning of the meeting that the petition would be received. Mr Bhawsar responded to questions asked by Mrs Copeland.

 

Mrs Copeland was then given the opportunity to outline the reasons for the objection.

 

Mrs Budd was then given the opportunity to outline the reasons for the objection and answered questions from Members. Mrs Budd asked that the information on the petition be read out for clarification. The Licensing Team Manager (Policy and Applications) read out the paragraph text included with the petition.

 

The Legal Adviser to the Sub-Committee advised Members that objectors to the application had now reconsidered their agreement to receive the petition as they had not been fully informed of the content of the petition at the beginning of the meeting. It was  ...  view the full minutes text for item 49.

50.

ADJOURNMENT OF MEETING

Minutes:

The Chair adjourned the meeting at 10.36am. The meeting was adjourned to the 9th February 2021, 10.00am, to allow those who had made objections to view the submitted petition.

51.

APPLICATION FOR A NEW PREMISES LICENCE: FAIRFAX STORE, 46 FAIRFAX ROAD, LEICESTER, LE4 9EH

Minutes:

The meeting reconvened at 10.00am on the 9th February 2021.

 

Mr Bharat Khunti (applicant) and representative Mr Anil Bhawsar (Licensing Agent), Ms Jackie Copeland, Ms Rosie Budd and Mr Mukesh Patel (persons who had made representations) were present. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

 

The Chair outlined the procedure for the meeting again to those present.

 

The Licensing Team Manager (Policy and Applications) presented the petition in support of the application submitted previously by Mr Khunti and Mr Bhawsar which had been circulated to other parties to give them chance to consider the information.

 

The Licensing Team Manager (Policy and Applications) also presented information received on the 4th February 2021 in the form of a petition signed by members of the public opposed to the application and an email from Mr Patel, which provided further information in support of Mr Patel’s representation. The information had been circulated to all other parties prior to the reconvened meeting. All parties confirmed they had received the information.

 

Mr Khunti explained that for his own petition, he had knocked on doors to gather information from residents and he had written down the details of those residents in support of his petition for Covid-19 and social distancing reasons. He raised concern that Mr Patel was able to have his petition in his shop and there were signatures from customers not in the immediate vicinity of the shop.

 

Mrs Budd was given the opportunity to make further comments with regards to the application having viewed the applicants petition.

 

Mrs Copeland was given the opportunity to make further comments with regards to the application having viewed the applicants petition.

 

Mr Patel was given the opportunity to make further comments with regards to the application having viewed the applicants petition and following further submission of information in support of his own objection.

 

All parties were then given the opportunity to sum up their positions and make any final comments.

 

The applicant informed the meeting that he was now requesting reduced hours for the sale of alcohol. He had originally requested authorisation for off-sales from 6am to 11pm daily. He was now requesting authorisation from 6am to 10pm daily.

 

The Licensing Team Manager (Policy and Applications) confirmed the existing licensed hours for the sale of alcohol at Mr Patel’s premises on Fairfax Road.

 

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 making a decision. The Sub-Committee were 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, in accordance with the Licensing Act 2003 (Hearings) Regulations  ...  view the full minutes text for item 51.

52.

CLOSE OF MEETING

Minutes:

There being no further items of urgent business, the meeting closed at 11.05am.