Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for: Chickanos, 137 Granby Street, Leicester, LE1 6FJ.

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 phone Democratic Support on 0116 454 358

(Wards affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report that required the Sub-Committee to determine an application for a new premises licence within the Cumulative Impact Zone for Chickanoos, 137 Granby Street, Leicester, LE1 6FJ

The Sub-Committee noted that a representation had been received which necessitated that the application for a new premises had to be considered by the Sub-Committee.

The applicant was present, two local residents and the Ward Councillor for Castle Ward were present at the meeting. The Chief Licensing Officer and The Legal Advisor to the Sub-Committee were also present.

Introductions were made and the procedure for the meeting was outlined to those present.

The Chief Licensing Officer presented the report and outlined details of the application. It was noted that a representation had been received from a local resident and from a Ward Councillor on behalf of another resident relating to the licensing objective the prevention of public nuisance and public safety.

The local residents and the Ward Councillor then outlined the reasons for the representations and answered questions from the Sub-Committee.

The applicant was then given the opportunity to respond to the points made and answered questions from the sub-Committee.

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

Prior to the Sub-Committee considering the application, the Legal Advisor to the Sub-Committee advised on the options available to them in making a decision, and 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 being present.

The Licensing Team Manager, Legal Advisor to the Sub-Committee, the applicant, both local residents and the Ward Councillor then withdrew from the meeting.

The Sub-Committee then gave the application full and detailed consideration.

RESOLVED:

That the application for a new premises licence, Chickanos, 137 Granby Street, Leicester, LE1 6FJ be GRANTED.

REASON FOR THE DECISION:

In reaching their decision the Sub-Committee had carefully considered the committee report, the presentation by the legal officer, all representations submitted by Chadwick Foods Ltd, the representations from the local residents and the legal advice given during the hearing.

The Sub-Committee were asked to determine an application for a new premises licence at Chickanos, 137 Granby Street, Leicester.

When Considering this matter, the licensing objectives were of paramount concern. The Sub-Committee had considered the application on its own merits.

The application had been made by Chadwick Foods Ltd in accordance with Section 17 of the Licensing Act 2003.

Chadwick Foods Ltd, wished to provide late night refreshment from the premises between the hours from 11am and 11pm Sunday to Thursday and 11pm to 2am Friday and Saturday. Representations had been received from a local resident and a Ward Councillor on behalf of another local resident who stated they were concerned that the grant of the licence would add to the ongoing noise nuisance from the premises and surrounding area and the ongoing anti-social behaviour.

The Sub-Committee had considered each of the options available to the Licensing Committee.

As a result of what the Sub-Committee had heard, the Sub-Committee were content to grant the application on the basis that the hours applied for by the applicant were reasonable due to the position of the business and the surrounding area.

The Sub-Committee did however feel that the following conditions should be added to the licence to alleviate the concerns of the residents:

1.    Deliveries to the premises will not take place outside of the hours of 7am and 5pm

2.    Staff at the premises to be placed on a rota regarding when breaks should be taken to prevent large groups from gathering together outside of the premises.

3.    A designated area for staff to take their breaks by the wall area to reduce the noise experienced by the residents.

4.    The Noise Team from Leicester City Council to visit the premises to assess the extractor fan to ensure it is fitted correctly and alleviates any excessive noise.

All parties were reminded that they had 21 days to appeal this decision.