Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new Premises Licence for One Stop 7-9 Charnwood Walk, Leicester, LE5 3FN.

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 telephoning Democratic Support on 0116 4546354.

(Wards affected: North Evington)

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new Premises Licence for One Stop, 7-9 Charnwood Walk, Leicester, LE2 1QN.

The Chair led on introductions and outlined the procedure the meeting would follow.

The Applicants Mr Franklin Dias (Owner) and Mr Newton Dias (Company Secretary and Designated Premises Supervisor (DPS)) were present accompanied by Gill Sherratt, Licensing Consultant. Also present was the Chief Licensing Officer and the Legal Adviser to the Sub-Committee.

The Chief Licensing Officer presented the report. It was noted that a representation was received on 9^th February 2022 from Leicestershire Police on the grounds of prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm.

The Sub-Committee further noted that twelve identical representations were received throughout the representation period from members of the public on the grounds of all four licensing objectives.

The Sub-Committee further noted three identical representations were received on 20^th February 2022 from members of public on the grounds of all four licensing objectives.

The Sub-Committee noted a further representation was received on 21^st February from 15 members of staff at Bridge Junior School on the grounds of prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm.

The Sub-Committee noted eight representations were received throughout the representation period from members of the public that related to all four objectives.

Mr Dias and Ms Sherratt were given the opportunity to address the Sub-Committee, put forward their case, address concerns raised by Leicestershire Police and members of the public and answer any questions from Members and Officers.

All parties present were 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.

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 the deliberation taking place with the parties represented present, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

The Chair announced the decision and reasons would be publicly 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 Chair then informed the meeting that all but the Democratic Support Officer should withdraw from the room. The Sub-Committee then deliberated in private to consider their decision.

The Sub-Committee Members recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

That the application for a new Premises Licence for One Stop, 7-9 Charnwood Walk, Leicester, LE5 3FN be GRANTED subject to the conditions consistent with the operating schedule and the conditions consistent with representation from Leicestershire Police.

The Sub-Committee considered an application by ABFD Ltd for a Premises Licence for the One Stop Convenience Store. The Sub-Committee considered all the representations, both written and oral, and took account of the Statutory Guidance, the Regulators’ Code, and the Council’s Licensing Policy.

The Sub-Committee’s decision was that it was appropriate for the promotion of the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm to grant the application subject to the conditions detailed below as agreed at the hearing by the parties.

CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

·       The licence holder will report all crimes immediately and check CCTV footage.

·       The licence holder will display information about safety rules.

·       The licence holder will consult with the local community and report incidents where appropriate.

CONDITIONS CONSISTENT WITH REPRESENTATION FROM LEICESTERSHIRE POLICE

·       CCTV will be installed at the premises, and the footage retained for a minimum of 28 days. The footage will be made available within 24 hours of a request being made by a relevant authority.

·       There will be a member of staff who is trained to use the CCTV system, who will be on the premises whilst it is open to the public.

·       Prominent signs will be placed at the exit, requesting customers to keep their noise to a minimum and to respect the needs of the local community.

·       A 'Challenge 25' policy will be in place and adhered to, and only identification which is 'Pass' certified will be accepted.

·       All staff will receive training on the 'Challenge 25' policy.

·       All staff will be trained on the four licensing objectives and the responsible sale of alcohol.

·       All staff training will be refreshed every 12 months and a written training log will remain on the premises and be produced to the relevant authorities upon a request being made.

·       A refusal and incident book will be kept on the premises, this will be updated accordingly and produced to the relevant authorities upon a request being made.

REASONS FOR THE DECISION

The application requested authorisation of off sales of alcohol during the opening hours of the premises, those being 7am to 10pm daily. Representations were made by the Police, members of staff at a local school and twenty-three other members of the public regarding all of the licensing objectives. The Police had been concerned with the lack of detail in the application on the promotion of the licensing objectives but did not seek a refusal of the application. Rather, they had agreed conditions with the applicant to be added to the licence if it was granted. The other representations detailed the location of the premises close to schools, places of worship and a health centre. They referred to existing issues with anti-social behaviour and crime which could be exacerbated by the introduction of a new premises supplying alcohol. The representations were concerned with the current level of street drinkers in the area which might increase and the harm, including harm to children, that might result. The representations also referred to the presence of other licensed premises in the area and a likely increase in traffic and noise if the application was granted.

The applicant was ABFD Ltd. The Company was incorporated on 02/09/20. Mr Franklin Dias was the sole director, his brother Mr Newton Dias was the Company Secretary and was to be the Designated Premises Supervisor. The applicant accepted that the operating schedule in its application was not as comprehensive as it should have been and accepted it was understandable that local residents would be concerned without knowledge of what was intended for the premises.

The applicant explained that the premises was to be a One Stop Tesco franchise convenience store providing pay point facilities and selling groceries, fruit and veg, household items, alcohol, cigarettes, and lottery merchandise. The premises had been closed / derelict for the previous seven years. The applicant would be investing approximately £60,000. The premises would be refurbished and would in effect be a mini-supermarket. The business would be run as a family business. Mr Franklin Dias and Mr Newton Dias had managed the Public House next door to the premises for the last ten years without issue (having dealt with anti-social behaviour issues that existed around the Public House when they took it over). They lived in the community.

The Sub-Committee felt that some of the representations of local residents were speculative. The presence of other licensed premises in the area was a relevant issue only in so far as the Convenience Store might either generate or add to existing problems with anti-social behaviour and similar matters. Other than the representations by the Police regarding the inadequacy of the operating schedule the Police had not provided any information regarding crime figures giving concern for levels of crime and anti-social behaviour in the area. No other Responsible Authorities had made representations.

The Sub-Committee had confidence in the standards required by the Tesco One Stop franchise and confidence in Mr Franklin Dias and Mr Newton Dias as evidenced by their track record in the area in connection with operating the Public House next door to the premises.

The Sub-Committee appreciated the concerns of local residents but was of the view that the conditions on the licence agreed by the applicant with the Police were appropriate and proportionate to deal with those concerns.