Agenda item

The Director of Neighbourhood and Environmental Services submits a report for an application for a new premises licence for Spice Fusion Restaurant, 26 Melton Road, Leicester.

Councillor Barton, as Chair led on introductions and outlined the procedure the hearing would follow.

The Director of Neighbourhood and Environmental Services submitted a report for an application for a new premises licence for Spice Fusion Restaurant, 26 Melton Road, Leicester.

The applicant Mr Arvind Faquir and his agent Mr Anil Bhawsar from Licensing Hub were in attendance. Also in attendance were PC Jefferson Pritchard, Leicestershire Police. Also present were the Team Manager (Regulatory Services) and the Legal Adviser to the Sub-Committee. Sergeant Nick Golden, Leicestershire Police, and Ms Ra-Eesah Shaikh, Legal Services attended the hearing as observers.

This application was previously listed for hearing on 21^st August but was adjourned due to a lack of evidence linking the applicant to the premises or to the company The Spice Fusion 1 limited. At the time of the hearing the applicant was said to be the chef at the premises, and it was unclear as to who was going to be responsible for undertaking the licensable activities applied for at the premises. Following the adjournment the applicant was added as a director of the company on 21^st August 2025. A copy of an undated lease had been submitted by way additional information. The lease was in the name of an applicant and a co-director.

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

A representation was received on 14^th July 2025 from Leicestershire Police. The representation related to all four licensing objectives. The Police were stating that the applicant had indicated on the operating schedule how they would support the licensing objectives, but with little detail.

A representation was received on 16^th July 2025 from a member of public. The representation related to all four licensing objectives. The representee was the owner of a property comprising of four flats and was objecting on behalf of his tenants, who were very concerned about the application. They were concerned the approval of the application would result in loud music playing until late every night, which would severely disturb sleep and wellbeing of the residents. The sale of alcohol until late was likely to encourage loitering, noise, inappropriate language, smoking, littering and violent behaviour. Young children and elderly would potentially be exposed to intoxicated individuals, particularly at night. The representee added that there was already a dance bar located behind the flats that caused noise and disturbance, and adding a licenced premises nearby would only worsen an already difficult living situation for the residents.

PC Pritchard, Police Constable form Leicestershire Police, was given the opportunity to outline the details of their representation and answered questions from Members.

Mr Bhawsar was given the opportunity to address the Sub-Committee and answered questions from the Members and officers.

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 be 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:

Members of the Committee considered each of the options available to them and decided to GRANT the application subject to the conditions agreed between the applicant and Leicestershire Police and subject to the licence commencement being delayed until the applicant had been confirmed as the Designated Premises Licences Holder for these premises.

REASONS

·       The committee were satisfied that the refined conditions agreed between the applicant and Leicestershire Police and submitted to the Licensing Authority would address the concerns raised by Leicestershire Police and Fame Properties.

·       The committee were satisfied that the agreed operational hours together with the controls on the terminal hours for the licensable activities would promote the licensing objectives.

·       The committee were satisfied that the agreed conditions were proportionate, justifiable and capable of being met.

CONDITIONS

1)    The opening hours of the premises to the public:

Sunday to Thursday from 09:00-23:30 hours.

Friday & Saturday from 09:00-00:30 hours.

Seasonal Variations:

24th December from 09:00-01:30 hours.

25th December from 09:00-01:30 hours.

31st December from 09:00-01:30 hours.

UK Bank Holidays from 09:00-01:30 hours.

(The use of temporary event notices (TEN’s) for specified dates during Diwali)

2)    Recorded music (indoors only) daily between 09:00-23:00 hours

3)    Alcohol must not be sold or supplied other than to persons who are seated, are taking a substantial table meal and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

4)    The licence holder shall ensure the supply of alcohol ceases no later than 30 minutes before closing to the public. Only a reasonable amount of alcohol will be supplied which is capable of being consumed within the requited time period.

5)    The licence holder shall ensure the supply of late-night refreshments cease no later than one hour before closing to the public:

Sunday to Thursday from 09:00-22:30 hours.

Friday & Saturday from 09:00-23:30 hours.

Seasonal variations (see dates above)

6)    Last take away food orders to be taken half an hour prior to the terminal time of the late-night refreshments.

7)    Staff will receive training to support the licensing objectives at a minimum of every 6 months and this training will be recorded evidencing who attended. The staff training record will be signed by the attendee and the Designated Premises Supervisor.

8)    Customers will not be permitted stand and consume alcohol within the premises. ie - Vertical drinking is prohibited.

9)    A Challenge 25 Policy will be adopted with the only acceptable proof of age identification consisting of a current passport, photo card driving licence or identification carrying a PASS logo. A training record must be kept on the premises, retained for 12 months from the date of the incident and produced to an officer from a responsible authority upon request.

10) Conditions consistent with the submitted operating schedule.

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