Meeting documents

There were no apologies for absence.

There were declarations of interest.

The Chairman 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 the maximum time for each presentation be ten minutes.

The Licensing Enforcement Officer presented the report and highlighted background information and representations received.

There were no questions for the Licensing Enforcement Officer.

The applicant's representative then presented the application as detailed within the report and explained that the applicant and his family had 30 years experience in the takeaway business. He stated that he had liaised with the Police and the Environmental Protection Officer and due to the concerns raised, offered the following conditions for the licence:

1) The provision of late night refreshment to terminate at 01:00, 7 nights a week.

2) To adopt the DEFRA code of practice to address the issue of litter on Market Street.

3) To offer a menu that would provide quick preparation and service to allow customer to move along instead of congregating at the premises.

4) To erect clear signage inside the premises asking customers to leave the premises quietly in respect of local residents.

5) To take part in the Police Pub Watch Scheme currently operating in Ashby Town Centre.

6) To install CCTV to the satisfaction of the Leicestershire Constabulary.

In response to a number of questions, the applicant's representative stated the following:

- If the signage regarding customer behaviour did not work, the applicant had 30 years experience of handling problems and there would be adequate number of staff working to assist him.

- He confirmed the offer of amending the closing hours to 01:00.

- The number of staff at the premises at the weekend would be four.

PC Clark presented his representation on behalf of the Leicestershire Constabulary. He stated that if the application was granted, the major concern would be the impact on the already stretched police resources. He stated that when the pubs in Ashby closed, there were around 300 people leaving at the same time which was not easy to police. He finally stated that resources also had to cover other villages and he felt that the resources were not available to cover an additional takeaway on Market Street.

In response to questions from Members, PC Clark stated the following:

- In his opinion the police were currently working to the limit within Ashby and surrounding areas.

- The resources had to be balanced along with other demands in the district. Currently Ashby was being policed well due to the saturation policy but it was the busiest area.

- Police Officers were present in Ashby from 10.30pm till 3.00am at weekends and the amount of officers depended on other demands in the area.

Mr S Leeland presented the case for Environmental Protection. He stated that his main concern was the congregation of people on Market Street at 3.30am. He stated that he would accept the offer of the amended closing hour to 1.00am.

There were no questions for the Environmental Protection Officer.

Mr C Tandy presented his representation on behalf of the Ashby Civic Society. He stated that it was the view of the Ashby Civic Society that no takeaway in the town be open after 11.00pm. He referred to the Licensing Act 2003, Statutory Guidance and brought to the Members attention the recent planning application that was taken to the Planning Committee regarding the premises. The Legal Advisor asked the Members to disregard the comments regarding Planning Committee and explained that Licensing and Planning were totally different regimes and was not to be considered together when looking at an application. Plus the information regarding Planning Committee did not relate to the original representation made by the Ashby Civic Society and therefore should not be considered at the hearing.

There were no questions for Mr Tandy.

Mr Tandy, PC Clark and the applicant gave a brief closing speech reiterating points raised earlier in the hearing. The Environmental Protection Officer did not wish to make a closing speech.

At 7.25pm the Sub Committee adjourned to consider its decision and re-convened at 8.00pm.

The Legal Advisor read out the Members decision, findings of fact and the reasons for the decision.