Agenda item

The Director of Neighbourhood and Environmental Services submits a report for an application for a review of an existing premises licence for Local Mini Market, 51a Upperton 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 review of an existing premises licence for Local Mini Market, 51a Upperton Road, Leicester.

 

Mr Ahmed Salih Hamad Amin, the Premise licence holder and DPS, did not attend the hearing. PC Jefferson Pritchard and Ms Alisha Holford, both from Leicestershire Police, and Ms Amelia Lewis, Trading Standards, were in attendance. Also present were the Senior Licensing Officer and the Legal Adviser to the Sub-Committee.

 

Prior to the hearing, Mr Amin’s solicitor informed the Licensing Section by email that Mr Amin had sold the business (the lease had been assigned) and was no longer contesting the review application.

 

The Senior Licensing Officer presented the report and outlined details of the application.

 

PC Pritchard was given the opportunity to outline the details of their representation, with Ms Lewis, Trading Standards officer, presenting evidence to the Sub-Committee as witness.

 

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:

The Sub-Committee’s decision is that it is appropriate for the promotion of the licensing objectives to REVOKE the Licence.

 

REASONS

 

In reviewing the Premises Licence for the Local Mini Market, 51a Upperton 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.

 

Mr Amin held the Premises Licence and had been the Designated Premises Supervisor since 13 March 2025.

 

The application for review was made by the Police based on all of the licensing objectives. The review had been before the Sub-Committee on 23 April 2026 when it was adjourned for the attendance of an interpreter to assist Mr Amin.

 

On 7 May 2026, Mr Amin’s Solicitor informed the Licensing Section by email that Mr Amin had sold the business (the lease had been assigned) and was no longer contesting the review application. The Solicitor indicated he understood the new owner intended to submit an application for a new premises licence in due course.

 

The Statutory Guidance indicates at paragraph 11.27: “There is certain criminal activity that may arise in connection with licensed premises which should be treated particularly seriously.” An example is the use of the licensed premises “for the sale or storage of smuggled tobacco and alcohol.” The Guidance continues at paragraph 11.28: “It is envisaged that licensing authorities, the police, the Home Office (Immigration Enforcement) and other law enforcement agencies, which are responsible authorities, will use the review procedures effectively to deter such activities and crime. Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered.”

 

The period of time involved in the Police representations covers a 12 month period from 25 March 2025 to 2 March 2026. In addition to a failed age restricted test purchase in December 2025 and repeated and serious breaches of the Premises Licence (including the unauthorised sale of beer/cider with an ABV above 7.5% in January 2026 and March 2026 as prohibited by the Licence conditions), illegal cigarettes were found ‘hidden’ at the premises in March 2025 (approximately 3720 cigarettes) and March 2026 (approximately 6780 cigarettes and 0.45kg of tobacco).

 

It is clear in these circumstances that revocation of the Licence is both appropriate and proportionate.

 

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