Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for the Indian Rooster, 80 Queens Road, Leicester, LE2 1TU.

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.

(Ward affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report on an application for a new premises licence, for Indian Rooster, 80 Queens Road, Leicester, LE2 1TU.

The proposed Premises Licence Holder (PLH) / Designated Premises Supervisor (DPS) Mr Vimalkumar Rana was present, accompanied by his agent Mr Anil Bhavsar, Licensing Agent. Ms Elizabeth Walton, Mr Ian Brown, representative of Clarendon Park Friends and Mr Alistair Hollis, Pollution Control Officer (Noise and Pollution Team) were present as persons who had made representations. 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 the Noise Control and Pollution Team had made a representation regarding the prevention of public nuisance but had subsequently agreed two conditions with the applicant for inclusion in the Licence, should it be granted. It was further noted that 37 representations were received during the consultation period from members of the public, alongside 3 representations, from local Ward Councillors. These representations were made on the grounds of the prevention of crime and disorder, the prevention of public nuisance and public safety. A recurring concern was that the hours requested by the applicant would increase noise, anti-social behaviour, litter, and parking issues in the area.

Prior to the day of the Hearing, 21 representees had withdrawn their representations following an amendment to the application be the applicant to reduce the opening hours of the premises and the for the supply of alcohol. 14 persons who had made representations had not responded to enquiries by the Licensing Team and Members were, therefore, advised to continue to treat their representations as active. A further five representees were not content with the details of the amended application and their representations remained active. 

Mr Brown addressed the Sub-Committee on behalf of Clarendon Park Friends and objector Sally Williams in her absence. Mr Brown and those he represented agreed with the new hours detailed in the amended application. However, Mr Brown asked for additional conditions to be added to the Licence if granted. In addition to a condition to keep windows and doors shut (except for access and egress) when playing music, conditions were also requested to deal with concerns regarding rear access to the premises by customers, who would use the area to smoke and drink, parking congestion on the nearby residential Montague Road for customers collecting takeaway food from the premises, obstruction to the bus bay, zebra crossing and disabled parking zone in front of the premises by customers and deliveries to the premises and the disposal of waste during unsociable hours of 11pm to 8am, which would be disruptive to local resident health and wellbeing.

Ms Walton addressed the Sub-Committee with the additional concern around public safety and a potential increase in crime and disorder, should the premises sell alcohol. Further concerns was noted regarding the other nearby premises, also selling alcohol in that two premises within a close vicinity would be too disruptive to the residential area. It was noted nearby residential housing opened directly onto the street in close proximity to the premises and therefore drunken conduct would be highly disruptive to the residents. Ms Walton believed that the area would not benefit from a second premises providing alcohol due to these concerns.

Mr Hollis confirmed that the premises was situated in a quiet residential area of Queens Road and agreed that in addition to the conditions previously agreed with the applicant, it was appropriate to impose a condition requiring windows and doors to remain shut (except for access and egress) when music was played.

Mr Rana and his Licensing agent were given the opportunity to put forward their case and address the concerns raised by the objectors and answer questions from Members and officers. They responded to the conditions requested Mr Brown.

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 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 at Indian Rooster, 80 Queens Road, Leicester, LE2 1TU be GRANTED subject to additional conditions.

Members of the Sub-Committee were asked to determine an application by Mr Vimalkumar Rana for a new Premises Licence.

In reaching their decision, the Sub-Committee Members had carefully considered all written and oral representations. They had also taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

Members were informed that the premises, which were in a residential area, were currently unoccupied, having previously been used as a betting shop. The intention was to create a restaurant / café / bar to be known as Indian Rooster. An application for the necessary planning permission was currently awaiting a decision. A gated rear yard at the premises was shared with neighbouring businesses. Mr Rana was to be the Designated Premises Supervisor.

Members were informed that, in the initial application, the proposed opening hours were to have been from 10am, to 30 minutes past midnight on a Sunday to Thursday, with the closing time being extended to 1.30am on a Friday and Saturday. The application at that time was for the authorisation of recorded music, late night refreshment and the supply of alcohol for consumption both on and off the premises with a finishing time for each activity at midnight on a Sunday to Thursday and 1am on a Friday and Saturday.

It was reported that representations were received in opposition to that application. The Council’s Noise Control and Pollution Team had made a representation regarding the prevention of public nuisance arising from waste disposal activities at the premises, the location of the smoking area and the use of an external rear area, but two conditions were subsequently agreed with Mr Rana for inclusion in the Licence, should it be granted. Members further noted that 37 representations were received from members of the public and three representations were received from local Ward Councillors. The representations related to the prevention of crime and disorder, public safety, and the prevention of public nuisance. In a number of the representations, opposition was not against the grant of a licence. Rather, objection was taken to the hours of the application, which those who had made representation believed should match those of similar licensed premises on Queens Road.

In light of those representations, Mr Rana amended his application. Mr Rana indicated that, as a restauranteur he ran a similar establishment in the city, where no concerns or issues had been raised regarding the late opening hours, so he had not realised concerns would be raised regarding the Queens Road premises. He wanted to run the business so that members of the community felt safe and were not worried, so had arranged extra CCTV cameras to be fitted at the rear and the front of the premises. He offered to meet any community members to explain how his business would be run, should they have contacted him.

It was reported to the Sub-Committee that the proposed opening hours of the premises were now 10am to 11pm seven days a week, and Mr Rana sought authorisation to supply alcohol for consumption both on and off the premises from 10am to 10.30pm daily. He has also clarified that alcohol would only be sold with a meal purchased.

In view of the amended application, 21 of the people who had originally made representations had withdrawn their objections. Five people had confirmed that their representations remained active. The remaining 14 people had not responded to the Licensing Section to indicate whether their original representations remained active. As a result, the Hearing proceeded on the basis that those representations remained active.

The representations related to the prevention of crime and disorder, public safety, and the prevention of public nuisance, and emphasised that the area was residential. Concerns related to crime and disorder and an increase in noise from the premises, including music, patrons, deliveries, and waste collections. It was suggested that there would be an increase in anti-social behaviour and there would be issues with littering, queuing, and parking in the area.

A resident questioned whether it was appropriate to authorise the sale of alcohol and referred to the existence of other licensed premises in the area and the increase in anti-social behaviour that was likely to occur as a result. The economic need or otherwise for licensed premises was not a matter which related to the licensing objectives which were the Sub-Committee’s sole consideration. However, the representation was relevant to the extent it related to issues which were covered by the licensing objectives.

The Noise Control Officer informed the Committee that he had revisited Queens Road and he commented on the quietness of the residential area.

Mr Brown on behalf of the ‘Friends of Clarendon Park’ and other representers sought conditions additional to those set out at Appendix C of the Officer’s Report (those being conditions already agreed by Mr Rana).

Mr Rana, through his licensing agent explained his intentions for his business and indicated his agreement to additional conditions should the licence be granted.

It was noted with regards to the prevention of crime and disorder that no representations have been received from the Police.

REASON FOR THE DECISION

Any new licensed premises was likely of necessity to bring with it an increase in noise and activity in the area. However, it was the Sub-Committee’s decision, that with the additional conditions being proposed, it was appropriate for the promotion of the licensing objectives of the prevention of crime and disorder, public safety, and the prevention of public nuisance to grant the application.

The conditions detailed in Appendix C of the Officer’s Report were to be added to the licence together with additional conditions as follows:

·       Alcohol shall not be sold or supplied for consumption on the premises otherwise than to persons taking a meal on the premises.

·       All off sales of food and alcohol to be made via the front entrance on Queens Road.

·       There shall be no customer access to the rear yard or the rear entrance to the premises.

·       Customers shall be asked not to queue to the side or the rear of the premises.

·       All doors and windows shall be kept closed, except for access and egress, when playing music.

·       Postal deliveries only shall be accepted at the front of the premises. All other deliveries shall only be accepted at the rear yard of the premises.

·       No deliveries, other than postal deliveries, shall be accepted at the premises between 11pm and 8am.

·       All refuse shall be stored in the rear yard of the premises.

·       No refuse, other than food refuse, is to be put out between 11pm and 8am.

·       A Notice shall be displayed at the rear of the premises indicating that the rear yard is private property.

·       There shall be a maximum number of 40 customers inside the premises at any one time.

·       An external ashtray shall be in place at the front of the premises.