The Director of Neighbourhood and Environmental Services submits a report on an application for a variation of an existing premises licence for Friends Foods Retail (t/a Londis), Merlin Heights, 105 Bath Lane, Leicester, LE3 5AU.
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 telephoning Democratic Support on 0116 4546354.
(Wards affected: Abbey)
The meeting adjourned at 11.33am and reconvened at 11.45am.
The Chair led on introductions and 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 variation of an existing premises licence for Friends Food Retail (T/A Londis), Merlin Heights, 105 Bath Lane, Leicester, LE3 5AU.
Members noted that a representation had been received, which necessitated the application had to be considered by the Sub-Committee.
The applicant Mr Thinojan Thirumohan was present with a representative Mr Suresh Kanapathi (Licensing Agent). Mr Andrew Sansome (Pollution Control Officer) was present as responsible authority who had made a representation. Also present was the Licensing Team Manager (Policy and Applications) and the Legal Adviser to the Sub-Committee.
The Licensing Team Manager (Policy and Applications) presented the report and outlined details of the application. It was noted that an application was received on 17th March 2021 from the Noise Team on the grounds of the prevention of public nuisance. The Noise Team were concerned that allowing the premises to operate for such long hours might increase noise disturbances to residents.
Mr Sansome was given the opportunity to outline the reasons for the representation.
Mr Kanapathi for Mr Thirumohan was given the opportunity to present their case and answered questions from Members and the Noise Team.
During the presentation Mr Kanapathi stated the applicant offered a condition that no deliveries between the hours of 9.00pm to 6.00am take place.
The Licensing Team Manager (Policy and Applications) informed the meeting there were discrepancies for allowed opening hours between planning consent and lease. It was noted that Planning, as consultees of the process had not objected to the application, but if granted, the Applicant would have to regularise the hours granted with Planning and the licence could not be utilised until confirmed with Planning.
All parties were given the opportunity to sum up their positions and make any final comments.
The Sub-Committee received legal advice form 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 asked then asked all but the Members of the Sub-Committee and Democratic Support Officers to disconnect from the meeting.
During private deliberation, 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 variation of an existing premises licence for Friends Foods Retail (T/A Londis), Merlin Heights, 105 Bath Lane, Leicester, LE3 5AU be GRANTED.
Members of the Sub-Committee were asked to determine an application made under Section 34 of the Licensing Act 2003, to vary the premises licence. In reaching their decision, the Sub-Committee members had listened carefully to all the representations, both written and verbal. They had also taken account of statutory guidance issued under S.182 of the Licensing Act 2003 and the licensing authority’s Statement of Licensing Policy.
Members of the Sub-Committee were asked to determine an application for the variation of the premises licence at Friends Foods Retail to allow the premises to open and allow the sale of alcohol (for consumption of the premises) 24 hours a day, 7 days a week.
Members had considered the representations received from the Noise and Pollution Control Team at Leicester City Council who had raised concerns regarding the prevention of public nuisance.
Members also considered representations made on behalf of the Applicant to address the concerns raised.
The Sub-Committee members overriding consideration was the protection of the public and as such they had spent a great deal of time assessing the evidence and information before them.
The Sub-Committee had considered all the decisions available to them. As a result of what they had heard, Members were satisfied that the concerns raised could be addressed fully with the imposition of conditions and as such it was appropriate and proportionate to GRANT the application to vary the existing Premises Licence, subject to the conditions consistent with the operating schedule as set out in Appendix D of the Committee Report.
Members also required that Condition 7 within Annex 2 of the Premises Licence be removed and replaced with the following new condition:
· No deliveries will take place between 9pm and 6am so as to prevent nuisance and disturbance to nearby residents.
The Sub-Committee Members believed that the imposed conditions would ensure that the Applicant would continue to promote the licensing objectives.