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 0116 4546358

The Director, Environmental Services, submitted a report that required Members to determine an objection notice relating to a temporary event notice (TEN) submitted by Albela Restaurant, 207 Evington Road, Leicester.

Members noted that an objection notice had been received in respect of the Temporary Event Notice, which necessitated that the Temporary Event Notice had to be considered by Members.

Mr Sheikh from the Albela Restaurant and Mr Sansome from the Noise Team were present at the meeting. Also present were the Licensing Team Manager and the Solicitor to the hearing panel.

The Licensing Team Manager presented the report. It was noted that an objection had been received from the Noise Team on the grounds of the prevention of public nuisance.

The Noise Team Officer outlined the reasons for the objection and answered questions from Members. Pictures were circulated at the meeting showing the location of the premises. The points raised included the following:

·         The premises were situated in close proximity to a residential area and there were concerns that it would be difficult to prevent noise from customers using the premises.

·         There were concerns relating to an increased likelihood of sleep disruption and possible complaints due to the potential noise from customer vehicles, customers arriving, leaving and using the outside of the premises until 03.30 hours daily, especially during the weekdays.

·         The Noise Team had previously received complaints regarding on- street noise disturbance on Evington Road during Ramadan, though not relating to the Albela.

·         The Noise Team would have preferred that the TEN only related to extended hours at the weekend.

·         It was noted that Ramadan lasted for a period of 30 days and this particular application related to the first seven days of Ramadan.

The applicant then responded to the concerns raised by the Noise Team.

·         The premises were also used by a charity called TEAMS, which provided food for the needy.

·         There were no problems at the premises relating to litter or parking.

·         A TEN for extended hours during Ramadan had been submitted in 2013 but was refused although an application for a TEN from a nearby premises was granted.

·         The area was predominantly Muslim with a nearby Mosque which attracted several hundred visitors daily. There was no noise nuisance from the Mosque or from the Albela.

·         Most of the customers would come from the Mosque, would park there and walk to the premises.

·         In response to a concern expressed that people would meet outside the premises and talk in groups which could create a nuisance, Mr Sheik explained that they would work together to avoid any inconvenience.  Ramadan was a time to promote spiritual well-being and the spirit of Ramadan would be defeated by any such nuisance.

·         As a TEN could only be granted for a period up to 7 days, they were hoping to submit further applications in the hope that the extended hours would be granted for the whole month of Ramadan.

·         With the agreement of the parties present, a petition from customers was circulated indicating support for the TEN.

The Licensing Officer informed the panel that the giving of free food was classed as an exempt supply and under those circumstances, a licence or TEN was not required.

All parties were then given the opportunity to sum up their positions and make any final comments.

Prior to Members considering the application, the Solicitor to the hearing panel advised Members of the options available to them in making a decision. Members 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.

The Licensing Team Manager, the Solicitor to the hearing panel, Mr Sheikh and Mr Sansome then withdrew from the meeting.

Members then gave the application full and detailed consideration.

The Solicitor to the hearing panel was then called back into the hearing to advise on the wording of the decision.

The Licensing Team Manager, the Solicitor to the hearing panel, Mr Sheikh and Mr Sansome then returned to the meeting.

The Chair informed all persons present that they had recalled the Solicitor to the hearing panel for advice on the wording of their decision.

RESOLVED:

                        that it be agreed that the Objection Notice be disregarded.

The Chair explained that whilst there was potential for public nuisance, the Panel believed that this would potentially take place off premises and that the applicant would do everything in his power to prevent this from happening.

There had been no public objections or police objections but there had been an indication of support from customers. The panel could not impose any conditions but made a request that customers be made aware the premises were located in a residential area.