Agenda and minutes

Licensing (Hearings) Sub-Committee - Tuesday, 26 November 2024 2:00 pm

Venue: Meeting Room G.02, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Katie Jordan, Governance Services Officer, email:  katie.jordan@leicester.gov.uk  Julian Yeung, Goverance Support Assistant, email:  wing.yeung@leicester.gov.uk

Items
No. Item

18.

Appointment of Chair

Minutes:

Councillor Singh Johal was appointed as Chair of the meeting.

19.

Apologies for Absence

Minutes:

There were no apologies for absence.

20.

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.

21.

Minutes of Previous Meeting pdf icon PDF 89 KB

The minutes of the previous meetings held on 16 April 2024, 21 May 2024 and 7 August 2024 are attached and members will be asked to confirm them as a correct record.

Additional documents:

Minutes:

The minutes of the previous meetings held on 16 April 2024, 21 May 2024 and 7 August 2024 were recorded as a true and accurate record.

22.

Private Session

AGENDA

 

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Sub-Committee is entitled to consider certain items in private where in the circumstances the public interest in maintaining the matter exempt from publication outweighs the public interest in disclosing the information. Members of the public will be asked to leave the meeting when such items are discussed.

 

The Sub-Committee is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, as amended, and consequently that the Sub-Committee makes the following resolution:- “that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.”

 

Paragraph 1

 

Information relating to an individual.

 

Paragraph 2

 

Information which is likely to reveal the identity of an individual.

 

Paragraph 7

 

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

 

B1) APPLICATION FOR A REVIEW OF AN EXISTING PREMISES LICENCE - LIYA SUPERMARKET, 62 HINCKLEY ROAD, LE3 0RD

 

Minutes:

RESOLVED:

That the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involves the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.

 

Paragraph 1

 

Information relating to an individual.

 

Paragraph 2

 

Information which is likely to reveal the identity of an individual.

 

Paragraph 7

 

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

 

 B1) – Application for a Review of an Existing Premises Licence - Liya Supermarket, 62 Hinckley Road, LE3 0RD

23.

Application for a Review of an Existing Premises Licence - Liya Supermarket, 62 Hinckley Road, LE3 0RD

The Director of Neighbourhood and Environmental Services submits a report for an application for a review of an existing premises ;icence for Liya Supermarket, 62 Hinckley Road, LE3 0RD.

Additional documents:

Minutes:

Councillor Singh Johal, as Chair led on introductions and outlined the procedure the hearing would follow.

 

The Director of Neighbourhood and Environmental Services submitted a report on an application for a review of an existing premises licence for Liya Supermarket, 62 Hinckley Road, Leicester.

 

The premises licence holder Ms Mastora Mhamad and her representative Ms Andrea Forest, solicitor, were in attendance. Also in attendance was PC Jefferson Pritchard, Leicestershire Police. Minaxi Patel, Licensing Enforcement, and Mark Wicks, Trading Standards were present as witnesses. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee and an observer.

 

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application.

 

A representation was received on 25 October 2024 from a member of public. The representation related to the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. The representee was concerned that the repeated violations – selling illegal cigarettes and non-duty paid tobacco, illicit alcoholic beverages, people loitering in front of the shop smoking and drinking - were not only breaches of the licensing conditions but were also creating a hostile environment in the local area. The illegal sales of tobacco and alcohol, combined with the public disorder outside the premises, were contributing to rising safety concerns. The local community, including children, felt unsafe passing through this area.

 

PC Pritchard, Police Constable for Leicestershire Police, was given the opportunity to outline the details of the Police’s review application and answered questions from Members.

 

Mr Wicks and Ms Patel were given the opportunity to present their witness statements.

 

Ms Mhamad and Ms Forest were given the opportunity to address the Sub-Committee and answered questions from the Members and officers.

 

All parties present were then 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 and were advised of the options available to them in making their 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, 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, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

 

The Chair announced that the decision and reasons would be 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 Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

 

RESOLVED:

That the representations by the Police and others engaged all 4 licensing objectives and committee accordingly determined that it is appropriate  ...  view the full minutes text for item 23.

24.

Any Other Urgent Business

Minutes:

With there being no further business, the meeting closed at 4:01pm.