Agenda item

The Director of Neighbourhood and Environmental Services submits a report asking Members to determine an application for the grant of a Highways Amenities Licence for a Street Café for premises known as Oasis Lounge (Malaya Limited), 13 Narborough Road, Leicester, LE3 0EL.

The report is 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) 454 6354.

(Wards Affected: Westcotes)

The Director of Neighbourhood and Environmental Services submitted a report concerning the determination of an application for the grant of a Highways Amenities Licence (Street Café) for premises known as Oasis Lounge (Melaya Ltd.), 13 Narborough Road, Leicester, LE3 OEL.

The applicant Miss Narcis Bari (Premises Manager) was present.  The Licensing Enforcement Officer, Licensing Team Manager, and Legal Adviser to the Sub-Committee were also present

The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines, and drew Members’ attention to the objections referred to in the report. It was noted an objection from Leicester City Council Highways in respect of the initial layout and proximity to street furniture had been formally withdrawn following discussion with the applicant to reduce the café seating area size from 1.5metres to 1.2metres. The objections from three local businesses were noted. It was also noted that a Furnishings Grant had been applied for by the premise.

Miss Bari then presented the case as to why the Licence should be granted. She outlined that there had been no recorded complaints against the premises since they opened in December 2019, and that a street café would create a pleasant ambiance for the area. Questions from Members of the Sub-Committee and Officers were answered.  

The Licensing Enforcement Officer was also given an opportunity to make any representation and noted that the premise had been co-operative with the Licensing Team.

Members of the Sub-Committee confirmed that they had read the written representations of three local businesspeople who had objected to the application. 

All parties were then given the opportunity to sum up 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.

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 Chair announced that the decision and reasons made during private deliberation would be publicly announced in writing within five working days. The Chair informed the meeting 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 Democratic Support Officers to disconnect from the meeting. The Sub-Committee 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.

RESOLVED:

That the application for a Highways Amenities Licence for a Street Café for premises known as Oasis Lounge (Melaya Ltd), 13 Narborough Road, Leicester, LE3 0EL be GRANTED.

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panel (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales)(Regulations) 2020 (The 2020 Regulations) and in accordance with the Council’s own Remote Procedure Rules.

REASON FOR THE DECISION

The Sub-Committee had been asked to determine an application under the Highways Act 1980, for the grant of a Highways Amenities Licence.

In reaching their decision, Members had carefully considered the committee report, the presentations by the Licensing Team Manager and the Licensing Enforcement Officer, the representation from Miss Bari and objections received from nearby local businesses and legal active given during the hearing. Members also took account of the Regulator’s Code and the Council’s Licensing Policy on Highways Amenities Licensing.

Members of the Sub-Committee noted that Oasis Lounge was within a row of shops and businesses on Narborough Road in a busy area of the city. The area had a wide range of businesses, including office premises, retail premises, restaurants, take away food outlets and car sales establishments. Some of the retail premises had residential accommodation above.

Members of the Sub-Committee heard that the applicant had worked with the Highways Department and reduced the proposed area of the street café to deal with initial concerns regarding the proximity of existing street furniture. The applicant had also reduced the proposed operating hours and members were impressed by her response to the representations made against the grant of the licence by three local businesspeople.

Members of the Sub-Committee did not feel that public safety would be at risk by the grant of the licence and believed the street café would add an attractive amenity for visitors and residents.

Members of the Sub-Committee felt that the written representations made by those local businesspeople who objected to the application were adequately addressed by the standard conditions on which the Licence would be issued.

The decision of the members of the Sub-Committee was to grant a licence, on the Council’s standard conditions, for the placement of two table, four chairs, enclosing barriers, an awning and such other items of street café furniture as may be approved in advance by the Council’s Licensing Department.