Minutes:
The meeting reconvened at 10.00am on the 9th February 2021.
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.
The Chair outlined the procedure for the meeting again to those present.
The Licensing Team Manager (Policy and Applications) presented the petition in support of the application submitted previously by Mr Khunti and Mr Bhawsar which had been circulated to other parties to give them chance to consider the information.
The Licensing Team Manager (Policy and Applications) also presented information received on the 4th February 2021 in the form of a petition signed by members of the public opposed to the application and an email from Mr Patel, which provided further information in support of Mr Patel’s representation. The information had been circulated to all other parties prior to the reconvened meeting. All parties confirmed they had received the information.
Mr Khunti explained that for his own petition, he had knocked on doors to gather information from residents and he had written down the details of those residents in support of his petition for Covid-19 and social distancing reasons. He raised concern that Mr Patel was able to have his petition in his shop and there were signatures from customers not in the immediate vicinity of the shop.
Mrs Budd was given the opportunity to make further comments with regards to the application having viewed the applicants petition.
Mrs Copeland was given the opportunity to make further comments with regards to the application having viewed the applicants petition.
Mr Patel was given the opportunity to make further comments with regards to the application having viewed the applicants petition and following further submission of information in support of his own objection.
All parties were then given the opportunity to sum up their positions and make any final comments.
The applicant informed the meeting that he was now requesting reduced hours for the sale of alcohol. He had originally requested authorisation for off-sales from 6am to 11pm daily. He was now requesting authorisation from 6am to 10pm daily.
The Licensing Team Manager (Policy and Applications) confirmed the existing licensed hours for the sale of alcohol at Mr Patel’s premises on Fairfax Road.
The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present and were advised of the options available to them in making a decision. The Sub-Committee 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, 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 present, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.
The Chair announced that the decisions and reasons would be publicly announced and confirmed in writing within five working days. The Chair informed the meeting that 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 the 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 Legal Adviser to the Sub-Committee was called back to the meeting to give advice on the wording of the decision.
That the application for a new premises licence for Fairfax Store, 46 Fairfax Road, Leicester, LE4 9EH be GRANTED.
The Sub-Committee Members had considered all the representations and had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.
During representations, it was noted the premises were currently being renovated for use as a convenience store which would provide payment services, the sale of groceries, lottery and newspapers. The applicant sought authorisation for off-sales of alcohol at the premises seven days a week from 6 am to 10 pm daily.
The Sub-Committee Members had heard the premises were part of a family run business and located in a residential area. The applicant had held a Personal Licence for 12 years and had run the family’s existing convenience store for 15 years. It was noted the family resided at number 44 Fairfax Road. A petition had been submitted with approximately 58 addresses of residents who supported the application.
Representations against the application were received from four residents who lived in the immediate vicinity of the premises and one from the owner of a convenience store at 51 Fairfax Road.
The representations were based on all four of the licensing objectives, namely the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
In summary, the four residents who lived in the immediate vicinity of the premises believed the grant of the application would have an adverse impact on the quality of their lives because of noise nuisance, lighting nuisance and littering.
The residents believed there would be crime and disorder and anti-social behaviour issues associated with groups congregating near the premises and that the premises would become a spot for local youths to congregate after school and through into the late evening, which in turn could lead to alcohol misuse with an attendant rise in youth crime.
Residents further believed they would face increased parking issues in an area where there was currently limited parking for them. In addition, the junction at which the premises stood had been the scene of road traffic accidents in the past, and an increased flow of customer traffic to the area would increase the risk.
The Sub-Committee heard from the owner of the convenience store at 51 Fairfax Road who supported the representations made by the local residents. The owner for the store had a Premises Licence authorising the sale of alcohol from Monday to Saturday between the hours of 8 am and 11 pm and on a Sunday between the hours of 8 am and 10.30 pm. However, the owner explained that he closed his premises at 6 pm out of consideration for the residents so as not to impact on their quality of life through attracted anti-social behaviour or unwarranted noise. The owner had submitted a petition prior to the meeting detailing the names of residents in the surrounding area at approximately 84 addresses who are against the granting of the application.
REASONS FOR THE DECISION
The Sub-Committee noted reference had been made in the representations to the lack of need for another licensed premises in the area. The Legal Adviser to the Sub-Committee had advised during the meeting that in itself was not a relevant representation, as it did not relate to the likely effect of the grant of the licence on the promotion of the licensing objectives. However, it was a relevant representation to the extent it suggested that granting the application would add to issues in the area regarding, for example, public nuisance or crime and disorder.
Members took note that the police had made no representations in relation to the prevention of crime and disorder and that no supporting evidence had been presented regarding such issues. No representations had been received from any Responsible Authorities.
Members took account of the applicant’s history of involvement in the running of his family’s existing convenience store and noted that no evidence had been presented regarding any problem issues in relation to the running of those premises.
Members also took note that the applicant’s family resided next door to the premises and Members had no reason to belief that the premises would not be run responsibly.
The Sub-Committee felt that it was appropriate for the promotion of the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm, to authorise off-sales of alcohol at the premises seven days a week from 8 am to 10 pm daily.
In deciding on those hours, Members appreciated that the Statutory Guidance detailed that stores should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet was open for shopping unless there were good reasons, based on the licensing objectives, for restricting those hours. Members when considering the application had taken account of the particular residential nature of the area and had had regard to the representations regarding public nuisance as regards noise and lighting disturbance.
The Sub-Committee’s decision was to grant the Premises Licence, authorising off-sales of alcohol at the premises seven days a week from 8 am to 10 pm daily, subject to the conditions detailed in Appendix C of the Officer’s Report.