Agenda and minutes

To elect a Chair for the duration of the ensuing hearing only.

It was moved by Councillor J K Ford seconded by Councillor G A Boulter, and

UNANIMOUSLY RESOLVED THAT:

Councillor H E Darling be appointed Chair.

To receive apologies for absence from Members to determine the quorum of the hearing in accordance with Rule 7 of Part 4 of the Constitution.

None.

Members are reminded that any declaration of interest should be made having regard to the Members’ Code of Conduct. In particular, Members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non-pecuniary'.

None.

To determine an application for a premises licence in respect of the above.

A number of relevant representations have been received.

A copy of this Notice inviting the applicant and the person(s) who have made relevant representations to attend the hearing has been sent to all such parties.

Procedure at the Hearing

At the beginning of the hearing, the authority shall explain to the parties the procedure which it proposes to follow at the hearing.

A hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless the authority considers that cross-examination is required for it to consider the representations, application or notice (as applicable).

The authority will allow the parties an equal maximum period of time, to be agreed with the parties at the beginning the hearing, in which to exercise their rights set out below.

Documents Attached

The following documents are attached:

1.     Report of the Licensing Enforcement Officer

2.     Appendix 1 - Application for a New Premises License 283 Leicester Road, Wigston

3.     Appendix 2 - Plan of the Premises

4.     Appendix 3 - Google Map of 283 Leicester Road

5.     Appendix 4 - Anonymised Report of Objections

Right of Attendance, Assistance and Representation

A party may attend the hearing and may be assisted or represented by any person whether or not that person is legally qualified.

Representations and Supporting Information

At the hearing, a party shall be entitled to:

(a)     give further information in support of their representation, application or notice;

(b)     if given permission by the authority, question any other party; and

(c)      address the authority.

Failure of Parties to Attend the Hearing

If a party has informed the authority that they do not intend to attend or be represented at a hearing, the hearing may proceed in their absence.

If a party who has not so indicated fails to attend or be represented at a hearing the authority may:

(a)     where it considers it to be necessary in the public interest, adjourn the hearing to a specified date; or

(b)     hold the hearing in the party’s absence.

Where the authority holds the hearing in the absence of a party, the authority shall consider at the hearing the application, representations or notice made by that party (as applicable).

Where the authority adjourns the hearing to a specified date, it will notify the parties of the date, time and place to which the hearing has been adjourned.

The Sub-Committee gave consideration to the report and appendices (as set out at pages 4 – 30 of the agenda reports pack), which asked it to determine an application for a new premises license for the sale of alcohol at The Offy, 283 Leicester Road, Wigston, Leicestershire (OWPMA0233).

The Chair introduced the parties present and outlined the procedure of the Hearing and then the Licensing Officer presented the report.

The Applicant’s representative was invited to speak and he addressed the representations made by the members of the public including opening hours, parking, access to the postbox, antisocial behaviour and drugs.

The members of the public that had made representations were invited to speak and both speakers raised their concerns regarding the deterioration of the area over the past few decades regarding antisocial behaviour, drug and alcohol use by youths, littering, health and safety issues and parking issues for residents.

Members confirmed with the speakers that the conditions they were speaking on were current issues and their objections were based on a belief that the issues would worsen.

The Head of Law & Democracy / Monitoring Officer outlined the legal context regarding granting permission or rejecting an application according to the Licensing Act 2003, highlighting the fact that the responsible authorities had not raised any objections and the objections from the members of the public were speculative.

The Licensing Panel adjourned to consider its decision at 7:06pm.

The Licensing Panel reconvened at 7:21pm.

The Licensing Panel decided that:

The application for the premises license be granted without conditions.