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Agenda item

Agenda item

APPLICATION TO TRANSFER AN EXISTING PREMISES LICENCE HOLDER AND VARY THE DPS, SUNNY EXPRESS (KNOWN AS ABHINAY EXPRESS) 76-78 CATHERINE STREET, LEICESTER, LE4 6EL

The Director of Neighbourhood and Environmental Services submits a report for an application to transfer an existing Premises Licence Holder and vary the DPS for Sunny Express (known as Abhinay Express) 76-78 Catherine Street, Leicester, LE4 6EL.  

Minutes:

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

 

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

 

The Director of Neighbourhood and Environmental Services submitted a report on an application to transfer an existing Premises Licence Holder and vary the DPS for Sunny Express (known as Abhinay Express) 76-78 Catherine Street, Leicester. LE4 6EL.

 

The applicant was present, The Current DPS, Mr Dave Braithwaite (Deputy Licensing Manager, Leicestershire Police), Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee were also present.

 

The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. Members noted that a representation was received from Leicestershire Police on 31 March 2021 in relation to the prevention of crime and disorder. Leicestershire Police were concerned that the applicant was connected to the current premises licence holder who was under investigation for offences committed at the premises.

 

The applicant was given the opportunity to present his case and answer questions[AS1]  from Members, Officers, and Police.

 

Mr Braithwaite was given the opportunity to outline the reasons for the representation and answer any questions from Members, Officers, and the applicant.

 

All parties were then given the opportunity to sum up their positions 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 to transfer an existing Premises Licence Holder and vary the DPS, Sunny Express (known as Abhinary Express), 76-78 Catherine Street, Leicester, LE4 6EL be REJECTED.

 

Members had been asked to determine an application made under the Licensing Act 2003, for a transfer of the premises licence and to vary the DPS.. In reaching their decision the Sub-Committee Members had carefully considered the Committee report presented by the Licensing Team Manager (Policy and Applications) and the representation made by Leicestershire Police.  The Members had also considered the representation made by the applicant and their representative and the legal advice given to them during the hearing.

 

The Sub-Committee Members considered the licensing objectives to be of paramount concern and had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy and guidance issued under Section 182 of the Licensing Act 2003.

 

Leicestershire Police objected to the application to transfer the premises licences on the basis that any transfer would undermine the crime prevention objective and that the circumstances of the case were exceptional. They believed that the applicant and current Premises Licence Holder (PLH) were connected and that the application was an attempt by the PLH to avoid revocation of the premises licence following the discovery of illegal cigarettes and tobacco at 76-78 Catherine Street.

 

The applicant stated that his application was genuine and that he and the PLH were childhood friends. He stated that he agreed to buy the business but would withdraw if the PLH’s Premises Licence was revoked. 

 

The Sub-Committee had considered carefully the representations made by the applicant and the objector. Members had not taken anything presented to them at face value and they confirmed that they had scrutinised the information put before them by all parties.

 

The Sub-Committee had considered each of the options available to them.   As a result of what they had heard, Members were satisfied that that it was appropriate and proportionate considering the crime prevention objective and having regard to the Police’s representation, to reject the application.

 

REASONS FOR THE DECISION

 

Members accepted the evidence presented by the Police.  Members stated they had no confidence that it was a genuine application and accepted the evidence from the Police that the application was an attempt to avoid the decision of the Sub-Committee with regard to the Police’s application for a Review. The Members further accepted the evidence from the Police that the applicant and current PLH were connected and that the  involvement by both with regards to Gainsborough mini store provided further grounds for believing that the any transfer of the current premises licence would be in name only.

 

The Sub-Committee concluded that the granting of the application would not promote the Prevention of Crime and Disorder licensing objective.

 

The Premises Licence Holder would be informed that an appeal against the decision must be made within 21 days to the Magistrates Court.

 


 [AS1]Did he go first?

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