Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for Fairfax Store, 46 Fairfax Road, Leicester, LE4 9EH.

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

(Wards Affected: Troon)

Introductions were made and the procedure for the meeting was outlined.

The Chair confirmed with the Sub-Committee Members that reports for the meeting had been read.

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new premises licence for Fairfax Store, 46 Fairfax Road, Leicester, LE4 9EH.

Members noted that representations had been received, which necessitated the application had to be considered by the Sub-Committee.

Mr Bharat Khunti (applicant) and representative Mr Anil Bhawsar (Licensing Agent), Ms Jackie Copeland, Ms Rosie Budd and Mr Mukesh Patel (persons who had made representations) were present. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.

It was noted that a person who had made a representation had not been successful in joining the meeting but continued attempts to do so would be made. The Legal Adviser to the Sub-Committee advised those present that the objector could join at any point in the meeting, as he was a person who had submitted a written representation which would be taken into consideration.

The Licensing Team Manager (Policy and Applications) confirmed with residents that a petition had been received the previous day in support of the application, but it had not been circulated to Members or objectors to the application. Residents in objection to the application confirmed the petition could be circulated to the Panel Members.

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that five representations were received between 26^th December 2020 and 3^rd January 2021 from local residents which related to all four licensing objectives.

The Chair asked what times a nearby convenience store opened. The Licensing Team Manager (Policy and Applications) indicated that she would obtain the details from Licensing’s records.

Mr Bhawsar on behalf of the applicant was given the opportunity to outline the reasons for the application and answered questions from Sub-Committee Members and those who had made representations.

Ms Copeland asked for clarification as to why the petition had been submitted so late, as objectors to the application had not had opportunity to view it. The Chair noted those present who had made representations had agreed at the beginning of the meeting that the petition would be received. Mr Bhawsar responded to questions asked by Mrs Copeland.

Mrs Copeland was then given the opportunity to outline the reasons for the objection.

Mrs Budd was then given the opportunity to outline the reasons for the objection and answered questions from Members. Mrs Budd asked that the information on the petition be read out for clarification. The Licensing Team Manager (Policy and Applications) read out the paragraph text included with the petition.

The Legal Adviser to the Sub-Committee advised Members that objectors to the application had now reconsidered their agreement to receive the petition as they had not been fully informed of the content of the petition at the beginning of the meeting. It was noted that the objectors could reconsider agreement to receiving the petition.

The Licensing Team Manager (Policy and Applications) confirmed that Mr Patel had submitted a representation. Mr Patel was then given the opportunity to outline the reasons for the objection. Mr Patel also stated the petition should not be taken.

For point of clarification, the Licensing Team Manager (Policy and Applications) confirmed the applicant had followed due process in advertising the premises licence application, such as, the display of a blue notice which was checked by an enforcement officer.

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

The Licensing Team Manager informed the meeting that the petition was received the on 25^th January at 3.30pm, and there had been no opportunity to circulate the redacted document to all parties present.

The Legal Adviser to the Sub-Committee read out to those present wording of Regulation 18 of the Licensing Act (Hearing) Regulations. It was acknowledged that the petition was submitted in accordance with the Regulations, but not in good time so as to allow it to be circulated to those making representations against the grant of the application. It was noted that they were entitled to ask to view the petition in more detail, and that they could ask the Committee to adjourn the meeting to allow them to do so. In the event such an adjournment was requested, subject to hearing from the applicant, the Legal Adviser indicated that his advice would be that the meeting should be adjourned.

Persons present who had submitted representations asked for the meeting to be adjourned to enable them to look at the petition on which they had not been consulted. Mr Bhawsar on behalf of the applicant agreed to the adjournment.