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.
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 determine an application made under section 34 of the Licensing Act 2003, for a variation of the existing premises licence held by the applicant at 220 Narborough Road Leicester
In reaching its decision the Sub-Committee had carefully considered the Committee report presented by the Licensing Service Manager and the representations made in writing by the applicant and the oral and written representations made the objector Leicestershire Police. The Sub-Committee also considered legal advice given to them during the hearing.
The Sub-Committee Members considered the licensing objectives to be of paramount concern and had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy and guidance issued under Section 182 of the Licensing Act 2003.
Section 35 of the Licensing Act 2003 sets out the steps a Licensing Authority must take to determine an application to vary where relevant representations are received. The steps include:
· Hold a hearing to consider the representations and
· Having regard to the representations take such steps (if any) as it considers appropriate for the promotion of the licensing objectives
The applicant currently holds a Premises Licence at Mini off licence, 220 Narborough Road, Leicester with opening and supply of alcohol hours 9am to 11pm Monday to Saturday and between 10am to 10pm on a Sunday. The applicant wished to extend the opening and supply of alcohol hours Mondays to Sundays to between 8am and 2am.
On 3rd March 2025, the applicant had emailed the Licensing Team and informed that he would not be attending as he would be on holiday. The applicant did not request for the hearing to be adjourned. The committee considered the email and the information it contained and decided that it was just and convenient to proceed with the hearing.
Leicestershire Police opposed the application on the basis that their representations engaged 2 of the 4 Licensing Objectives namely the prevention of crime and disorder and the prevention of public nuisance.
The Police conducted an unannounced visit on 20th January 2025 and found the following:
· The premises licence was not displayed in a prominent position
· Age restricted products including cigarettes and tobacco
· Age restricted products including cigarettes and tobacco were displayed for sale on a shelf behind the counter which was not covered from customer view
· A quantity of illicit cigarettes and tobacco was located behind the counter. These were in plain view of anyone behind the counter. The items were seized and a criminal investigation undertaken
At the hearing, Leicestershire Police informed committee that an employee at the premises had admitted to offence of keeping smuggled goods contrary to section 144 of the Licensing Act 2003. He informed the police that he had bought the illicit tobacco (50g) and non UK compliant cigarettes from someone who had come to the premises. He informed officers that he had paid £30 to £40 for the items. The police put the valuable of the items at £228 and doubted what he had put forward.
The police also advised that committee that prior to their unannounced visit they had received information suggesting that premises had been selling illicit tobacco and cigarettes.
The applicant’s reasons for seeking an extension of the hours was to enable him to have the same hours as others operating in the area and to enable him to cater for night-shift workers
The applicant in his email of 3rd March 2025 informed committee that the licence summary was now prominently displayed and that roller shutter type device had not been fitted to ensure that to ensure that age restricted products were no longer on display. The email also stated that seized illicit items belong to the employee mentioned above and they had been for his own use. They had been purchased elsewhere and brought on to the premises.
The Sub-Committee considered the application on its own merits and determined the application in its own right. The Sub-Committee considered each of the options available to them. As a result of the submissions put before them, the Sub-Committee were not in any event satisfied that the applicant’s reasons for extending the opening and supply hours until 2am in a mixed area which included residential properties were justified.
Any appeal against this decision must be made within 21 days of the date of this decision to the Magistrates Court.
Supporting documents: