Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a variation of an existing premises licence – The Grand Union, 3-5 New Walk, 24 King Street, Leicester LE1 6RL.

The Director of Neighbourhood and Environmental Services submitted a report on an application for the variation of an existing premises licence for The Grand Union, 3-5 New Walk and 24 King Street, Leicester LE1 6RL.

Mr Matthew Swain for Marstons PLC was present accompanied by a legal representative Mrs Michelle Hazelwood.  Councillor Patrick Kitterick was present as Ward Councillor, who had made a representation against the application. It was noted that a local resident who had submitted a representation in objection to the application was unable to attend the meeting.  Also present was the Chief Licensing Officer and the Legal Adviser to the Sub-Committee.

The Chief Licensing Officer presented the report and outlined details of the application.  It was noted that objections to the application had been received on 31 August 2021 from a Ward Councillor, which related to the prevention of public nuisance, and from a local resident which related to the prevention of crime and disorder and the prevention of public nuisance.

Mrs Hazelwood for the applicant was given the opportunity to address the Sub-Committee and answer any questions from Members and the Ward Councillor.

Councillor Kitterick was given the opportunity to address the Sub-Committee and answer any questions from Members, the applicant, and his legal representative.

The applicant volunteered a condition that late night refreshment be limited to hot drinks for consumption on the premises

All parties present were 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 leave 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 variation of an existing premises licence for The Grand Union, 3-5 New Walk, 24 King Street, Leicester, LE1 6RL, be GRANTED subject to a condition.

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 at The Grand Union, 3-5 New Walk, 24 King Street, Leicester.

In reaching their decision, the Sub-Committee Members had listened carefully to all the representations, both in person and in writing.  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 The Grand Union to do the following:

1. Extend the terminal hour for the sale of alcohol Sunday to Wednesday until 2am and Thursday to Saturday until 4am.

2. Add licensable activities of Late-Night Refreshment and Dancing to the same hours as permitted for the sale of alcohol, and

3. Permit existing regulated entertainment to the same hours as permitted for sale of alcohol.

4. Add an extra hour for all activities at the start of British Summer Time

Members considered the representations received from the Ward Councillor and the local resident who had raised concerns regarding the prevention of public nuisance and the prevention of crime and disorder.

Members also considered representations made on behalf of the Applicant to address the concerns raised. 

Members noted that representations against the grant of the variation had not been received from any responsible authority, namely the Police and the Noise and Pollution Control Team.

Members also considered the fact that the premises was within a Cumulative Impact Zone.

REASONS FOR DECISION

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 it was appropriate and proportionate to GRANT the application with the following condition:

1.    Late Night Refreshment be limited to the provision of hot drinks only for consumption on the premises.

The Sub-Committee Members stated that with the additional condition, they believed that the variation of the licence would not undermine the promotion of the licensing objectives or add to the problems in the Cumulative Impact Zone and would ensure that the Applicant will continue to uphold and promote the licensing objectives.