Agenda item

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for a review of an existing premises licence for Shree Sai Superstore, 144 Checketts Road, Leicester, LE4 5EQ.

The Director of Neighbourhood and Environmental Services submitted a report on an application for the review of an existing premises licence for Shree Sai Superstore, 144 Checketts Road, Leicester.

The Premises Licence Holder (PLH) was present accompanied by an employee and his legal representative, Mr Panchal. Mr Jefferson Pritchard, Police Constable for Leicestershire Police was present, accompanied by PC Thomas, PS Mistry, Mark Wicks and Amelia Lewis, Trading Standards Officers. Also present was the Chief Licensing Officer and the Legal Adviser to the Sub-Committee.

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

The Chief Licensing Officer presented the report and outlined details of the application. It was noted an application was received on 16 May 2023 from Leicestershire Police for a review of the existing premises licence for Shree Sai Superstore, 144 Checketts Road. The application was made on the grounds of the prevention of crime and disorder, public safety and the protection of children from harm.

PC Pritchard was given the opportunity to outline the details of the Police representation and answered questions from Members. He advised the committee that 144-146 Checketts Road was two separate premises with the same name, same Premises Licence Holder and Designated Premises Supervisor but with two separate licences. The alleged crime had taken place at 146 Checketts Road and the review had been requested for 144 Checketts Road. PC Pritchard apologised for this oversight and stated that a separate review would be submitted for 146 Checketts Road.

PC Thomas was given the opportunity to address the Sub-Committee and explain the time line of events which had led Leicestershire Police to request a review of the Licence.

Mr Wicks was given the opportunity to provide supporting information and answered questions from Members.

The PLH and his Solicitor were given the opportunity to address the Sub-Committee and answered questions from the Police, Trading Standards Officers and Members. They advised they would only answer questions which related to 144 Checketts Road as per the report submitted by Leicestershire Police.

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 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 Officers should withdraw from the room. The Sub-Committee then deliberated in private to consider their decision. The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

Members of the sub-committee considered each of the options available to them and decided to REJECT the application for a review of the Premises Licence at 144 Checketts Road

The reasons for the decision:

1. The sub-committee identified that the cause or causes of the concerns which gave rise to the application for review did not relate to the subject address, which at the time of the hearing remained closed and physically unconnected to the address where criminality was said to have occurred.

2. At the time of the hearing Leicestershire Police had not interviewed the Premises Licence Holder or the Designated Premises Supervisor and whilst the representations made an inference regarding the state of their knowledge of the criminality at 146 Checketts Road, the evidence was not sufficient to satisfy the sub-committee regarding a prospective failure to promote the licensing objectives at 144 Checketts Road when and if those premises open to the public.

3. Evidence from the Premises Licence Holder indicated that all aspects of the licence conditions for 144 Checketts Road would be complied with in the event the premises were to reopen.