Agenda item

The Director of Neighbourhood and Environmental Services submits a report for an application for a new premises licence for La George, 239 Narborough 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 La George, 239 Narborough Road, Leicester.

Mr Gheorghe Jacota, the director of the applicant (LA George Ltd) and Ms Annamaria Jacota, were in attendance. Also present were the Licensing Team Manager (Regulatory Services), the Legal Adviser to the Sub-Committee and Ms Ra-Eesah Shaikh, an observer from Legal Services.

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

Six representations were received on 10 April 2025 from members of the public. The representations related to the prevention of crime and disorder, prevention of public nuisance and public safety. The representees were concerned another business in will add to the existing problems in the area, increasing anti-social behaviour, litter, parking issues and vandalism.

None of those representers were present. Their representations were distributed to the Sub-Committee in written form and taken into considerations.

Mr Anthony Close, the agent of the applicant from AC Consultancy, was not present. His written representation was submitted to the Sub-Committee and taken into consideration.

Mr Jacota and Ms Jacota, the representatives of the applicant company, were given the opportunity to present their case, and answered questions from Members of the Sub-Committee.

They submitted a petition detailing approximately 50 customers who supported the application. This was considered by the Sub-Committee as an acceptable expansion of the representation of Mr Close who had referred to the document in his written representation.

All parties 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 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, the Sub-Committee 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 confirmed 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 asked all but Members of the Sub-Committee and Governance Services Officers to withdraw from the meeting. Members 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. The observer from Legal Services also returned at that time.

RESOLVED:

The Sub-Committee’s decision is that it is appropriate for the promotion of the licensing objectives to GRANT the application subject to the conditions consistent with the Operating Schedule detailed in Appendix C of the Licensing Officer’s Report.

REASONS

In considering the application by LA George Ltd for a Premises Licence authorising the daily supply of alcohol at LA George Convenience Store at 239 Narborough Road, Leicester from 8am to 11pm for consumption off the premises, 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.

LA George Ltd was incorporated on 25 February 2025. There is one Director, Mr Gheorghe Jacota who is also the person notified to Companies House as having significant control of the Company.

The Convenience Store sits on Narborough Road in an area of Leicester well known to the Sub-Committee. Narborough Road is a busy major road. The area consists of retail shops, eating establishments, commercial businesses and residential properties. A number of premises in the area are licensed for the sale of alcohol (for consumption both on and off the premises). The Convenience Store currently opens from 8am to 11pm seven days a week and the application sought authorisation for the sale of alcohol during those hours for consumption off the premises.

Six written representations had been received from members of the public in opposition to the application based on the prevention of crime and disorder, public safety and the prevention of public nuisance. None of those representees attended the hearing. The Sub-Committee took into the account their written representations in which they indicated the area is already overcrowded with similar establishments and licensing another will add to existing problems. Those problems relate to noise disruption, vandalism, theft, anti-social behaviour, littering and parking issues. They indicated parking is already a critical issue on Narborough Road and the lack of parking facilities will result in more vehicular obstruction on pavements and in the road. One indicated that the current problems are already putting pressure on the Police, NHS and Fire Departments.

The Company’s Licensing Agent, Anthony Close, had provided a written representation explaining the premises had been completely refurbished from an empty shop to become a lifestyle convenience store. The business is independently family run and offers freshly baked bread and cakes, a wide range of essentials and a 7 metre long butcher’s counter. He indicated that over 50 customers had signed a document giving their support to the application. He also explained that there will be two full time and three part time staff who will all be trained in relation to the sale of alcohol. Challenge 25 Notices will be displayed and a refusal of service book will be kept. Security is provided by 12 high resolution CCTV cameras with recording facilities.

Gheorghe Jacota and Annamaria Jacota attended the hearing and addressed the Sub-Committee. They explained that they were part of a large local Romanian community and the Convenience Store caters for that community, the intention being to sell Romanian wines and beers if the Licence was granted. They estimated their clientele was 90% local with the remainder travelling to the premises from places such as Birmingham and Coventry for the Romanian wares on sale which are not easily available elsewhere. They provided the sub-Committee with the details of the 50 or so customers who had given their support to the application.

The Sub-Committee noted that no representations had been received from any of the Responsible Authorities.

The Statutory Guidance and the Council’s Statement of Licensing Policy 2022-2027 agree that shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours.

The Sub-Committee believes the conditions subject to which the Licence is granted deal with the representations which have been made. The conditions are appropriate for the promotion of the licensing objectives and they are proportionate.