Meeting documentation

Meeting documents

Licensing Sub Committee
Wednesday, 9th July, 2008 6.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 ELECTION OF CHAIRMAN
It was agreed that Councillor P Purver Chair the Hearing.

(Councillor P Purver in the Chair)

Councillor P Purver introduced the parties and explained the procedure to be followed. The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence. It was agreed that ten minutes would be sufficient for each party's presentation.
 
2 APOLOGIES FOR ABSENCE
There were no apologies for absence.
 
3 DECLARATION OF INTERESTS
There were no declarations of interest.
 
4 AN APPLICATION FOR A PREMISES LICENCE IN RESPECT OF PIZZA EXPRESS, UNIT 3, DERBY ROAD, ASHBY DE LA ZOUCH, LEICESTERSHIRE, LE65 2HE
The Licensing Enforcement Officer presented the report and highlighted background information, representations received and referred to the Special Policy in Ashby.

Mr Cushion then presented the application on behalf of the applicant. He gave some background information with regards to the history of the restaurant chain and the kind of business it attracted. It was pointed out that no representations from the responsible authorities had been received and that enforcement action had not been taken at any of the other 300 restaurants around the country. Mr Cushion stated that the restaurant did fall on the boundary of the Special Policy but asked Members to consider granting the licence as the Policy was not aimed at this kind of business, plus the sale of alcohol was a small part of the business. It was stated that the client base of the restaurant was families, professionals and couples not large crowds of youths.

In response to questions from Members, Mr Ward (Pizza Express Acquisitions Manager) stated the following:

- There was a possibility that groups of young people who have already been drinking may come into the restaurant but Mr Ward had confidence in the staff as they had all been trained and would have the support of the management team. If this occurred the people would be asked to leave and would not be served.

- With regards to the sale of alcohol for consumption off the site, Mr Ward explained that alcohol was very rarely sold with the takeaway food as the prices remain the same as in the restaurant but it was good for the restaurant to offer it.

- The management team for the new restaurant would be put together from existing staff members and would consist of a broad age range.

In response to a question from the objector, Mr Ward responded that to purchase alcohol from the restaurant, the customer would be likely to also purchase food from the takeaway menu.

Mr Smith then presented the objections on behalf of Mr Zamani. He stated that the Special Policy within Ashby had been placed there for a reason as there was a lot of crime in the area. Mr Smith stated that his client believed that the sale of alcohol for both on site and off site consumption would have a considerable impact on the area, especially off site as people who have already been drinking can go into the restaurant and purchase further alcohol.

In response to a question from a Member, Mr Zamani explained that both of his restaurants in Ashby had a license to sell alcohol on the premises.

Mr Smith and Mr Cushion gave a brief closing statement.

At 7.05pm the Sub Committee adjourned to consider its decision and re-convened at 7.50pm.

RESOLVED THAT:

The license be granted as applied for.
Published on Thursday, 17th July, 2008
The meeting closed at 7.55pm.

Attendance Details

Present:
Councillors D Everitt, E J Purver and P Purver.

Officers: Mr A Cooper, Miss R Levy and Mrs S Roberts.

Applicant: Mr M Ward (Pizza Express Group Acquisitions Manager) and Mr G Cushion(Poppleston Allen Solicitors)

Interested Parties: Mr Zamani (Objector) and Mr Smith (Drewry Newbold Solicitors - representing Mr Zamani)

In attendance: Me S Eyre (NWLDC) and Councillor T Gillard.