Agenda item

The Director of Neighbourhoods and Environmental services submits a report on an application for a new premises licence within a cumulative impact zone for Belgian Chips, 55 Granby Street, Leicester.

Report attached. A copy of the associated documentation is attached for Members only. Further copies area available on the Council’s website at www.cabinet.leicester.gov.uk or by telephoning Democratic Support on (0116) 4546354.

(Ward affected: Castle)

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 Belgian Chips, 55 Granby Street, Leicester.

The applicant Mr Mohammed Choudhury was present. Also present was the Licensing Team Manager (Enforcement), Mr Matthew Robinson, Licensing Enforcement Officer, who had made a representation. 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 a representation was received on 24^th November 2021 from Leicestershire Police, in relation to the prevention of crime and disorder and public safety. The representation highlighted that concerns were raised that the premises occupies a prominent position in the city centre, close to many alcohol led premises and conditions have been requested in relation to the CCTV system and security staffing be added to the license if granted. It was noted that an agreement had been reached between the applicant and the Police and conditions agreed.

A second representation was noted on 7^th December 2021 from Licensing Enforcement officers on the grounds of the prevention of crime and disorder, the prevention of public nuisance and public safety. The representation highlighted that concerns were raised that the premises were selling hot food after 11pm without a premises licence, despite being warned that it was a requirement.

The Licensing Enforcement Officer outlined the reasons for the representation and answered questions from Members and Officers.

Mr Choudhury was given the opportunity to put forward his case and address concerns raised by Officers and Leicestershire Police 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 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 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 license within a cumulative impact zone, for Belgian Chips, 55 Granby Street be GRANTED, subject to the agreed conditions.

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 Belvoir Street, Cumulative Impact Zone at Belgian Chips, 55 Granby Street, 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 Belvoir Street 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 relevant authorities 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 following conditions:

1.       The conditions consistent with the Operating Schedule

2.       The conditions consistent with the representation from the Police

3.       The premises will close Thursday – Saturday and Bank Holidays at 2am

4.       The premises will close Sunday – Wednesday at 11.30pm

5.       An additional Security Industry Authority front line door supervisor will be present at the premises when the premises is open after 11.30pm, Thursday – Saturday and Bank Holidays

6.       No persons are to remain on the premises once they have been served their goods (paid or free). Signs are to be clearly displayed to reflect this and staff and management must fully enforce this condition.

REASON FOR THE DECISION

Members accepted the evidence presented by Leicestershire Police and the Licensing Enforcement Team at Leicester City Council however, they were of the opinion that the additional conditions were justifiable and appropriate and were confident that by adding them, the Applicant would manage the premises in a manner that will 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.