Agenda and minutes

Licensing (Hearings) Sub-Committee - Thursday, 6 March 2025 4:30 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

12.

Appointment of Chair

Minutes:

Councillor Singh Johal was appointed as Chair.

13.

Apologies for Absence

Minutes:

There were no apologies for absence.

14.

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.

15.

Minutes of Previous Meeting pdf icon PDF 130 KB

The minutes of the previous meeting held on 18 December 2024 are attached and members will be asked to confirm them as a correct record.

Minutes:

The minutes of the previous meeting held on 18 December 2024 were recorded as a true and accurate record.

16.

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 VARIATION OF AN EXISTING PREMISES LICENCE - MINI OFF LICENCE, 220 NARBOROUGH ROAD, LEICESTER, LE3 2AN

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 variation of an existing Premises Licence - Mini Off Licence, 220 Narborough Road, Leicester, LE3 2AN

17.

Application for a Variation of an Existing Premises Licence - Mini Off Licence, 220 Narborough Road, Leicester, LE3 2AN

The Director of Neighbourhood and Environmental Services submits a report for an application for a variation to an existing premises licence for Mini Off Licence, 220 Narborough Road, Leicester, LE3 2AN.

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 variation to an existing premises licence for Mini Off Licence, 220 Narborough Road, Leicester, LE3 2AN.

 

The applicant was not present. The applicant had sent an email on 3rd March 2025 stating that he would not be attending as he would be on holiday. The applicant did not request an adjournment. The committee decided that it was just and convenient to proceed in the applicant’s absence. PC Jefferson Pritchard, Leicestershire Police was present. Also present was the Service Manager (Regulatory Services) and the Legal Adviser to the Sub-Committee.

 

The Service Manager (Regulatory Services) presented the report and outlined details of the application.

 

A representation was received on 28 January 2025 from the Police. The representation related to the prevention of crime and disorder and the prevention of public nuisance. The Police were concerned that members of the public who were already under the influence of alcohol, would be drawn to the premises in the early hours of the morning, in order to buy more alcohol. This in turn would generate noise nuisance, as the operator would be unable to control customers once outside the premises. The Police were also concerned that a recent visit to the premises resulted in an ongoing criminal investigation. The Police recommended refusal of the application, however they had suggested conditions to be placed on the licence, if granted.

 

PC Pritchard, Police Constable for Leicestershire Police, was given the

opportunity to outline the details of their representation and answered questions from 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:

The Sub-Committee REJECT the variation application due to illicit items being found at the premises and due to the applicant’s failure to promote the licensing objective relating to crime and disorder.

 

REASONS

 

The Sub-Committee had been asked to  ...  view the full minutes text for item 17.

18.

Public Session

19.

Application for a variation of an Existing Premises Licence - TTR Local, 22 King Street, Leicester pdf icon PDF 878 KB

The Director of Neighbourhood and Environmental Services submits a report for an application for a variation to an existing premises licence for TTR Local, 22 King Street, Leicester.

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 variation to an existing premises licence for TTR Local, 22 King Street, Leicester.

 

The applicant Mr Murugaiah Sel Vakumaran and his representative Mr Suresh Kanapathi, Arka Licensing Consultants, were in attendance. Also in attendance were Elizabeth Arculus, Licensing Enforcement team, James Brown, Noise and Pollution team, PC Jefferson Pritchard, Leicestershire Police, and Councillor Patrick Kitterick, Castle Ward. Also present was the Service Manager (Regulatory Services) and the Legal Adviser to the Sub-Committee.

 

The Service Manager (Regulatory Services) presented the report and outlined details of the application.

 

A representation was received on 21 January 2025 from the Police. The representation related to the prevention of public nuisance, prevention of crime and disorder and public safety. Given the premises proximity to other licensed premises, the Police were deeply concerned about the premises’ proposal to operate and sell alcohol 24/7. It was highly likely that the premises would act as a magnet if they served alcohol to customers already under the influence of alcohol and/or supply alcohol to those customers attending nearby licensed premises, either before or after.

 

There was also a possibility that members of the public/customers who were refused entry or ejected from nearby premises might elect to source alcohol from the premises in order to continue their night out.

 

The public space seating area at the bottom of New Walk/King Street (within 20m from the premises) could provide an attractive space for customers to consume alcohol and other products purchased from the premises.

 

Similarly, the applicant would be unable to manage customers outside the premises between midnight and 6am, as they were in the public domain. But the very fact they were outside is likely to result in increased noise and public nuisance.

 

The application also referred to a delivery service, which would suggest delivery couriers on both pedal cycles, mopeds and motor vehicles would potentially be attending the premises to collect orders. This in turn would generate noise and was likely to disturb local residents who lived along King Street and Marlborough Street.

 

As alcohol related volent crime, disorder and anti-social behaviour increased in the city centre during the night-time economy, it meant there was a real risk of serious problems both at and in the proximity to the premises, regardless of the best intentions of the applicant.

 

Therefore, the Police requested the application to be refused, as it was both appropriate and proportionate to address the causes of the concern(s).

 

A representation was received on 24 January 2025 from a Councillor. The 

representation related to prevention of crime and disorder and prevention of public nuisance. The Councillor was concerned that a 24 hour off-licence would attract people, literally at all hours, to consume alcohol in the nearby vicinity and would have no apparent means of controlling the conduct of those who visited the premises.

 

The nearby  ...  view the full minutes text for item 19.

20.

Any Other Urgent Business pdf icon PDF 108 KB

Additional documents:

Minutes:

With there being no further business, the meeting closed at 7:25pm.