Agenda and minutes

Councillor Singh Johal was elected as chair for the meeting.

Apologies for absence were received from Councillor Cank and Councillor Fonseca who were replaced on the panel by Councillor Hunter and Councillor Unsworth.

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

Members were asked to declare any disclosable pecuniary or other interests they may have in the business on the agenda.

There were no declarations of interest made.

The minutes of the previous Licensing (Hearings) sub-committee meetings held on 19 December 2018 and 10 January 2019 are attached and members will be asked to confirm them as a correct record.

The minutes of the meeting held on 19^th December 2018 could not be confirmed as accurate since none of the current panel members were present at that meeting.

RESOLVED:

That the minutes of the meeting held on 10 January 2019 be                                                confirmed as a correct record.

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for: LP1153, 40 Green Lane Road, Leicester, LE5 3TH

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 0116 4546358

(Wards affected: North Evington)

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine an application for a new premises licence for LP1153, 40 Green Lane Road, Leicester, LE5 3TH.

The sub-committeenoted that a representation had been received which necessitated that the application had to be considered by the sub-committee.

The applicant Mr Parbat Sisodiya,Mr Ryan O’Mahony on behalf of the applicant, Mr David Braithwaite of Leicestershire Police, PC Claire Jackson of Leicestershire Police, were also present. 

The Chief Licensing Officer and Legal Advisor to the sub-committee were also present.

In attendance as observers were a paralegal from the Legal Team and an Environmental Health Officer.

Introductions were made and the procedure for the meeting was outlined to those present.

The Chief Licensing Officer presented the report.  It was noted that a representation had been received from Leicestershire Police on 21^st December2018 relating to all four licensing objectives, namely the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm, and concerns were raised that the premises was already trading as an off-licence and granting a licence for on sales at this premises would undermine the four licensing objectives.

It was noted that the applicant had submitted additional information which had been circulated prior to the meeting and the sub-committee confirmed had been read.

Mr David Braithwaite for Leicestershire Police outlined the reasons for the representation. Mr David Braithwaite and PC Claire Jackson then responded to questions from the sub-committee.  Concerns included the impact the premises could have on the area and the increased risk of anti-social behaviour, as well as the lack ofseparation between drinkers and customers in the store which would effectively become a bar.

Mr O’Mahony on behalf of the applicant outlined the reasons for the application. Questions from the sub-committee were responded to by the applicant Mr Sisodiya and Mr O’Mahony.

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

Prior to the sub-committee considering the application the Legal Adviser to the sub-committee advised the sub-committee of the options available to them in making a decision and 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 provisions of the Licensing Act 2003 (Hearings) Regulations 2005.

The applicant Mr Sisodiya, Mr O’Mahony, Mr Braithwaite of Leicestershire Police, PC Jackson of Leicestershire Police, the Chief Licensing Officer, the Legal Advisor to the sub-committee and the two observers then withdrew from the meeting.

The sub-committee then gave the application full and detailed consideration. 

The Legal Adviser to the sub-committee and  ...  view the full minutes text for item 53.

There being no further business the meeting closed at 11:22am.