Agenda item

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on 229 8809.

Please note that the supporting information to the report contains exempt information and is attached for Members only. These papers are marked 'NOT FOR PUBLICATION'. The information in these papers will be exempt as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move to exclude the Press and Public during its consideration. 

The Director (Environmental Services) submitted a report that required Members to determine an application for a variation to an existing premises licence for Curry Fever, 139 Belgrave Road, Leicester, and the report summarised the representations received.

Members noted that representations had been received in respect of the application, which necessitated that the application to vary a premises licence to include the showing of films, performing of live music and the making of music had to be considered by Members.

Sunil Anand, the owner of the premises was present at the meeting, together with Mr N. Pankhania, Mr S. Sachdev and Mr M. Patel who had submitted the representations. An officer from Leicester City Council’s Licensing Unit and an officer from the City Council’s Environmental Health Noise Team and a Legal Officer were also present.

The Licensing Officer presented the report and it was noted that the representations had been made in respect of noise nuisance, the occurrence of anti-social behaviour at the rear of the premises, the use of the area outside the rear door by customers/staff as a smoking zone and the parking of vehicles in the shared rear entrance to the premises.

Members were informed by Mr Anand that the karaoke machine was located in the function room and was only played during private parties. The windows and doors to the rear of the premises were double glazed and Mr Anand stated that he was prepared to ensure that these were kept shut when music was being played. The shared access to the rear of the premises was used only by delivery vehicles and staff and led to a small service yard which, it was ascertained, represented the fire assembly point for the restaurant, customers were not allowed to park in this accessway. Mr Anand stated that he was concerned at the incidences of Anti-Social behaviour at the rear of his premises and he had suggested the erection of gates on the Randall Street entrance, but objections to this proposal had been received from local residents.

The officer representing Environmental Health Noise Nuisance Team stated that the department had no evidence of noise at the premises, as two previous call outs had been cancelled. Recommendations were that noise could be minimised by ensuring that the windows and doors were kept shut and the levels of music managed in order to achieve a satisfactory level of noise. The Chair questioned whether consideration had been given to the fitting of a regulator to the karaoke machine, the officer stated that this had not been considered as there had been no actual evidence obtained as to the noise levels.

Prior to moving into private session the Legal Officer advised Members of the options available to them in making a decision and informed the public present that, should they have reason to complain then a review of the premises licence could be sought.

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.

Mr Anand, Mr Pankhania, Mr Patel, Mr Sachdev, the Licensing Officer and the Legal Officer withdrew from the meeting.

Members then gave the application full and detailed consideration.

Mr Anand, Mr Pankhania, Mr Patel, Mr Sachdev, the Licensing Officer and the Legal Officer then returned to the meeting.

RESOLVED:

                        that the following conditions be attached to the licence:

1)     All external doors and windows to be kept closed, other than for access and egress, in all rooms when events involving amplified music or speech are taking place.

2)     The courtyard at the rear of the premised will not be used except for access and egress by staff and not by any other person except in the case of fire.

3)     Films, live music and provision of making music not to go on outside the hours of 1030 to 0000 hours Monday to Saturday and 1030 to 2300 hours on Sunday.

4)     A noise regulator shall be fitted to any amplification system used during the hours that the business is open, the levels to be set by the City Council.

Notes to Applicant

i)  No parking of motor vehicles to take place in the alleyway and       the area leading to the service yard.

ii)   A meeting of the Belgrave and Latimer Community meeting will be taking place on 15^th December at Belgrave Neighbourhood Centre and this will be an opportunity to raise issues with the Police and local residents.

The residents present were informed that Officers of the City Council needed sufficient time from a complaint being made to visit the premises to undertake noise checks and that, should there be problems in the future regarding the conditions contained within the Premises Licence then these should be referred to the City Council in order that a review of the Premises Licence can be considered.