Agenda and draft minutes

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

It was moved by Councillor J Kaufman, seconded by Councillor P Joshi and

UNANIMOUSLY RESOLVED THAT:

Councillor G A Boulter 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 Regulatory Compliance Officer

2.     Appendix 1 - Application for a New Premises Licence,Anmol Suite Ltd, 29-31 The Parade, Oadby (Application No. OWPM0235)

3.     Appendix 2 - Environmental Health Representation

4.     Appendix 3 - Anonymised Report of Representations

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 – 31 of the agenda reports pack), which asked it to determine an application for a new premises license for the sale of alcohol at Anmol Suite Ltd, 29 -31 The Parade, Oadby, Leicester LE2 5BB (OWPM0235).

The Chair introduced the parties present and outlined the procedure of the Hearing and then the Regulatory Compliance Officer presented the report and provided an update to the application as agreed between the applicant and Environmental Health, which resulted in the withdrawal of the representations made by Environmental Health.

The applicant and agent were invited to speak, and the agent addressed the representations made by local residents and highlighted the fact that due to the amendments to the application and subsequent withdrawal of the representations made by Environmental Health, there were no longer any objections raised by the responsible authorities.

The Legal & Democratic Services Manager / 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 and/or irrelevant to the nature of this application.

The Licensing Panel adjourned to considers its decision at 7:03pm.

The Licensing Panel reconvened at 7:17pm.

The Licensing Panel decided that:

The application for the premises license, as amended, with the premises plan as submitted, without the proposed porch, be granted with mandatory conditions and the following additional conditions:

i)             The sale of alcohol for consumption on the premises shall be permitted between 10:00 and 23:00 hours, Monday to Sunday;

ii)           The premises shall be open to the public between 10:00 and 00:00 hours, Monday to Sunday;

iii)          All windows and doors shall be kept closed after 22:00 hours, except for access and egress; and

iv)          Prominent, clear notices shall be displayed at all exits requesting customers to respect the needs of local residents and leave the premises and the area quietly.