Agenda item

The Director of Neighbourhood and Environmental Services submits a report for an application for a new premises licence for Uncle J's Kitchen, 166 Evington Road, Leicester.

Councillor Pickering, 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 new premises licence for Uncle J's Kitchen, 166 Evington Road, Leicester.

Ms Jayne Elbakkali and Ms Sumayyah Lunat were in attendance as the representatives of the applicant. Also in attendance were Alan Beckett, Planning Development and Transportation, PC Jefferson Pritchard and PC Ian Woolley, Leicestershire Police, and Ms Jane Russell, Evington Road Neighbourhood Association. Also present was the Head of Regulatory Services and the Legal Adviser to the Sub-Committee.

The Head of Regulatory Services presented the report and outlined details of the application.

A representation was received on 17 March 2025 from Planning. The representation related to the prevention of public nuisance. The representee was concerned that the premises had been granted planning permission for its current use under application 20192113. Condition 5 stated "The use shall not be carried on outside the hours of 07:30 to 23:00 daily.”

A second representation was received on 21 March 2025 from a member of the public. The representation related to the prevention of crime and disorder, the prevention of public nuisance and public safety. The representee was concerned that the late hours of the application will adversely affect nearby residents by the nuisances of late-night noise, smells and littering. They were also concerned this application would add to the existing parking problems in the area, especially customer’s cars and mopeds, e-bikes and pedal bikes used by delivery drivers who gathered in clusters along Evington Road waiting for orders.

A third representation was received on 21 March 2025 from a member of the public. The representation related to the prevention of crime and disorder and the prevention of public nuisance. The representee was concerned that the late hours will increase, noise, litter and anti-social behaviour in the area. The representee did not attend the hearing but the representation was circulated to the Sub-Committee for considerations.

A fourth representation was received on 8 April 2025 from the Police. 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 premises was located in an area of special interest and the applicant had not made any reference to this on the application and had not imposed any practical conditions/proposals to ensure the premises is managed safely in the night-time economy.

Mr Beckett, Principal Planner was given the opportunity to outline the details of their representation and answered questions from Members, other representees and the applicant’s representatives.

Ms Russell, Evington Road Neighbourhood Association, was given the opportunity to outline the details of their representation and answered questions from Members.

PC Pritchard and PC Woolley were given the opportunity to outline the details of their representation and answered questions from Members and the applicant’s representatives.

Ms Elbakkali and Ms Lunat given the opportunity to address the Sub-Committee 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’s decision is that it is appropriate for the promotion of the licensing objectives to REFUSE the application.

REASONS

In considering the application by Uncle J’s Ltd for a Premises Licence authorising the provision of late night refreshment at the Uncle J’s restaurant / takeaway at 166 Evington Road, Leicester, the Sub-Committee has considered the Licensing Officer’s Report and all the relevant representations, both written and oral. The Sub-Committee has taken account of all relevant legislation, the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy. The Sub-Committee has had regard in its deliberations to the steps appropriate to promote the licensing objectives in the overall interest of the local community, and has decided the matter on its merits on the evidence presented to it. The Sub-Committee has had regard to the public sector equality duty detailed in section 149 the Equality Act 2010 and has taken a risk based approach to its decision which has been made on the balance of probability. The Sub-Committee has, as it is required to do, limited its deliberation to the promotion of the licensing objectives (with each licensing objective being of equal importance) and nothing outside of those parameters.

Evington Road is a busy area of the City with a high density of residential properties mixed with retail and licensed premises. The Council’s Statement of Licensing Policy 2022-2027 details the area as an area of Special Interest in terms of alcohol harm, street drinking, anti-social behaviour. The premises, which has an indoor seating capacity for approximately 30 people, backs on to residential housing between Rowsley Street and Sawley Street. The premises is subject to planning permission which provides for operating hours from 07:30 to 23:00 seven days a week.

The application was made by Uncle J’s Ltd which was incorporated on 16th December 2024. Jamaal Patel is the sole Director and he is detailed at Companies House as the person with significant control of the Company.

Late night refreshment involves the supply of ‘hot food or hot drink’ between the hours of 23:00 and 05:00 to the public for consumption on or off the premises. The application sought authorisation of late-night refreshment both indoors and outdoors at the restaurant seven days a week from 23:00 to 03:00 so that the premises could be operated as a takeaway in the night time economy.

Representations were received in opposition to the application from local residents, Leicestershire Police and the Planning department. Those objections remained at the hearing based on all of the licensing objectives.

Of the two representations made by residents, one was made on behalf of the members of the Evington Road Neighbourhood Association. A member of the Association attended the hearing. The residents have previously complained to Planning Enforcement that the premises has been operated outside of the hours permitted under its planning permission and had witnessed this as part of their neighbourhood patrol. The Sub-Committee was informed that Planning Enforcement had written to the applicant regarding this. They issued an advice letter which they surmised prompted the current application. The residents believe the concentration of fast-food premises licensed along Evington Road for Late Night Refreshment is excessive. They emphasise this is a densely populated area and the requested late hours will increase already existing noise nuisance, litter problems, parking issues and anti-social behaviour. They are concerned that this late-night economy has in recent years attracted crime and disorder to the area with fights, stabbings and, in one recent instance, a drive-by shooting. Some local residents now feel unsafe on Evington Road at night. The residents believe the operating hours of the premises should be those detailed in the planning permission so that the premises closes by 23:00 daily. The second representation received by a resident objected to the premises operating after 23:00. They mentioned noise nuisance and anti-social behaviour occurring outside of their address and this having an impact upon their health.

Leicestershire Police reminded the Sub-Committee that the Council’s Statement of Licensing Policy 2022-2027 details the area as an area of Special Interest in terms of alcohol harm, street drinking, anti-social behaviour. They are concerned that the application makes no reference to this and how the licensing objectives will be promoted. The Police are concerned that the business had been operating in breach of planning permission and without a Licence. The Police explained that the area was well known for its late hours and attracted a large number of people from outside Leicester who came to buy late night food and meet. This had contributed to an increase in violent crime. Throughout 2024, there have been several incidents of serious crime and disorder in close proximity to the premises and other similar licensed premises along Evington Road. There have been public order offences and serious assaults involving stabbings and large scale fights. The area is already saturated with food establishments and takeaways with an increase in vehicle and foot traffic which has a direct impact on the local residential community who suffer with noise nuisance and parking issues as a result. Allowing the premises to stay open beyond 23:00, would provide an attraction for people to congregate. The Police say licensing these premises will exacerbate the existing issues in the area. The Police expressed their concern that the business had breached the planning permission condition. They are of the view that no conditions could be attached to a Licence to mitigate their concerns.

The Planning department confirmed the business would be in breach of the planning permission conditions if the business operated after 2300. Planning confirmed a compliance letter had been sent to the business in September 2024 and no response had been received. The attending Planning representative had confirmed they had witnessed the business operating past 23:00 on two occasions. Planning had concerns as they are aware of a residential flat above the business and operating after 23:00 could cause harm to the occupiers of the flat.

The Sub-Committee was addressed on behalf of the applicant by two representatives of Uncle J’s Ltd.  They indicated management operated several businesses, including an additional premise located on London Road. They did not know if the business had been operating past 23:00 however did mention that on occasions, food had been served whilst the cleaners for the restaurant were working at the end of the day. They indicated the reason for the application was to service the needs of the local area, quoting the Muslim community requiring a restaurant to provide late night refreshment during the early hours for the event of Ramadan. They also mentioned the restaurant provided food for hospital staff and for people on a ‘night out’. They indicated the flat above the restaurant was leased as part of the business, and the representation from the Planning department was irrelevant. They mentioned the application was for Late Night Refreshment and not for the sale of alcohol, and therefore would not entice people. They described the business as a family business for family dining, and the quality of the food was different to the food other businesses offered in the area.  They mentioned there had been no issues with the customers from the business itself and they had cooperated with the police when an incident had occurred in the area by supplying CCTV footage when requested. They stated people did not congregate outside of the premises and in respect of the parking issues raised, there was a parking bay located outside of the business. They mentioned they were actively trying to minimise the issues mentioned by not playing music at the restaurant and would place additional rubbish bins outside of the business. They mentioned there was no issues with littering. They stated they wanted to make the area safer.

The Sub-Committee was concerned that the applicant had presented a written application which the Police had correctly referred to as not fit for purpose. In detailing the Evington Road area as one of Special Interest in its Statement of Licensing Policy 2022-2027, the Council lists relevant environmental factors which an applicant should have in mind for consultation with the appropriate responsible authorities. These are: Number of existing licensed premises; Types of licensed premises; Density and locality of residential premises; Traffic or pedestrianised areas; Conservation, cultural areas and/or sensitive premises; Alcohol related Public Health concerns; Anti-Social Behaviour including Community Protection; and Noise Pollution. The applicant had failed to address these issues in its written application or at the hearing. The Sub-Committee was also concerned that the business had been operated without a Licence and in breach of the permitted planning hours. The Sub-Committee has no confidence that the applicant would comply with Licence conditions. Evington Road is a difficult area for the Police to enforce and residents are understandably concerned with the level of crime and noise disturbance to their lives. It is clear that all of the licensing objectives are engaged and the grant of the application would undermine the promotion of those objectives.

Any appeal against the decision must be made within 21 days to the Magistrates Court.