Agenda and minutes

It was moved by Councillor N Smith, seconded by Councillor J Geary and

RESOLVED THAT:

Councillor C Large take the chair for the remainder of the meeting.

There were no apologies for absence received.

Under the Code of Conduct members are reminded that in declaring disclosable interests you should make clear the nature of that interest and whether it is pecuniary or non-pecuniary.

No interests were declared.

PREMISES:   Sunshine Pizza Limited, 41 High Street, Ibstock, Coalville, Leicestershire, LE67 6LH.

APPLICANT:Baykal Kahraman

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

Representations have been received from the Leicestershire Police and Ibstock Parish Council.  A Notice of Hearing inviting them to attend has been sent to them.  If they fail to attend, the hearing can be held in their absence or adjourned.

The following documents are attached: -

a) Report of the Licensing Enforcement Officer.

At the beginning of the Hearing, the authority shall explain to the parties the procedure it is proposed to follow.  The Hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless it is required to consider the representations.

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 to Members, highlighting background information and the representations received.

Councillors N Smith and J Geary sought clarification regarding the opening hours of other licensed premises in Ibstock.  The Licensing Enforcement Officer advised that the petrol station had a 24 hour licence, however she was not certain whether they operated the licence over a 24 hour period.

Councillor N Smith expressed concern that no other premises would be selling alcohol at that time.  The Licensing Enforcement Officer advised that some Public Houses were able to sell alcohol for consumption off the premises.  She added that there had been no complaints received.

Councillor N Smith asked if there had been any complaints received in respect of other premises that served alcohol at a later hour.  The Licensing Enforcement Officer advised that one unsubstantiated complaint had been made in respect of underage sales which had been passed on to Trading Standards and Leicestershire Police for further investigation.

In response to a question from the Legal Advisor, the Licensing Enforcement Officer advised that there were two premises which offered home delivery of alcohol within the District, and these both offered delivery with or without a takeaway meal.  She reported that no complaints had been received in respect of these premises.

Mrs S Kahraman, on behalf of the applicant, addressed the Sub Committee.  She raised the following points in response to the concerns of the Parish Council:

·        The premises would be implementing the Challenge 25 policy and would not be contributing to the existing antisocial behaviour issues in Ibstock.

·        There was already another licensed takeaway on High Street and therefore it could not be demonstrated that granting the licence would lead to further applications from other takeaways.

·        The sale of alcohol would not be promoted as it would be sold at a premium price.

·        Alcohol was available 24 hours a day at other premises in Ibstock.

·        Customers who dropped litter were advised that they would no longer be served if they continued this behaviour.

·        The store always closed at 11.00pm; a licence had been requested until 12.00pm to allow for last minute customers and later opening on special occasions only.

Councillor N Smith asked the applicant if he was aware that drivers would not be permitted to sell alcohol to customers at the door if the licence were permitted.  Mrs S Kahraman confirmed that no stock would be kept in cars.

Councillor J Geary asked the applicant to state what they understood the Challenge 25 policy to mean and how they would implement this.  Mr S Kahraman stated that identification would be requested for anyone who appeared to be under the age of 25 and service would  ...  view the full minutes text for item 4.