Agenda item

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 new premises licence within a cumulative impact zone for CT Supermarket 85 Hinckley Road, Leicester.

The applicant Mr Manish Sonraj was present with Mr Anil Bhawser, Licensing Agent. Also present was the Licensing Team Manager (Policy and Applicants) 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 a representation was received on 20^th October 2021 from a member of the public, in relation to the licensing objectives of prevention of crime and disorder, the prevention of public nuisance, public safety, and protection of children from  harm. The representation highlighted the area was part of the Cumulative Impact Zone and that local residents already had to deal with noise disturbances and antisocial behaviour.

The Sub-Committee Members noted a representation had been received on 7^th of November 2021 from a member of the public. The representation related to the licensing objectives of prevention of crime and disorder, the prevention of public nuisance,  public safety, and protection of children from harm. The representation highlighted the area was part of the Cumulative Impact Zone and it would go against the licensing objectives if granted.

Members were informed further representations were received on 10^th November 2021 from PC Jefferson Pritchard of Leicestershire Police. The representation was made on the grounds of the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm. Subsequently an agreement had been reached between the Applicant and the Police to attach several conditions to the licence should it be granted by Members.

A further representation was received on the 11^th November 2021 from a member of public. The representation related to the prevention of crime and disorder, the prevention of public nuisance, public safety, and protection of children from harm. The representation highlighted concern for children attending the nursery at the rear of the store due to an increase in delivery vehicles at the back of the store, street drinking and a greater footfall of strangers.

The Chair asked the Licensing Team Manager (Policy and Applications) to summarise the objections made.

Mr Sonraj and his Licensing Agent were given the opportunity to put forward their case, address the concerns raised by the objectors and answer questions from Members and Officers.

All parties 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 new premises licence within a cumulative impact zone, for C T Supermarket, 85 Hinckley Road, Leicester be GRANTED, subject to the  conditions agreed between the Applicant and the Police.

Members of the Sub-Committee had been asked to determine an application made under the Licensing Act 2003, for a new premises licence situated within the Braunstone Gate, Cumulative Impact Zone at CT Supermarket, 85 Hinckley Road, Leicester. 

In reaching their decision the Sub-Committee Members carefully considered the Committee report presented by the Licensing Team Manager (Policy and Applications), all representations and the legal advice provided.

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 Council’s Licensing Policy on Cumulative Impact in relation to the Braunstone Gate area of the city and the Statutory Guidance issued under Section 182 of the Licensing Act 2003.

The Sub-Committee had considered carefully all the representations from the members of the public, Leicestershire Police and those made by the applicant.

Members had not taken anything presented to them at face value and confirmed they had scrutinised the information put before them by all parties.

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 considering the licensing objectives to GRANT the application subject to the conditions consistent within the operating schedule and the representation from the Police contained in Appendix C to the report.

REASONS FOR THE DECISION

Members were of the opinion that the conditions were justifiable and appropriate and were confident that by adding the additional conditions, the Applicant would manage the premises in a manner that would promote and uphold the licensing objectives and in compliance with the requirements of the Licensing Act 2003.  Members were also of the opinion that granting the licence with the additional conditions would not add to the existing problems of cumulative impact in the area.

The Sub-Committee’s decision was made in the interests of promoting the licensing objectives.