Agenda and minutes

Agenda and minutes

Venue: Council Offices, Coalville

Contact: Democratic Services  Licensing Enforcement Officer (01530 454596)

No. Item


Election of Chairman


It was moved by Councillor V Richichi, seconded by Councillor P Purver and




Councillor J Cotterill take the chair for the remainder of the meeting.


Apologies for Absence


There were no apologies for absence received.


Declaration of Interests

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.


Exclusion of Press and Public

The Licensing Sub-Committee will consider whether matters scheduled to be discussed at this meeting appear to disclose confidential or exempt information under the provisions of regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005/44


It was moved by Councillor V Richichi, seconded by Councillor P Purver and




In pursuance of the Licensing Act 2003 (Hearings) Regulations 2005/44, the press and public be excluded from the remainder of the meeting on the grounds that the business to be transacted involves the likely disclosure of exempt information as defined in regulation 14 to the Act and that the public interest in maintaining this exemption outweighs the public interest in disclosing the information.


Application for the Review of a Premises Licence

PREMISES:   Favourite Chicken and Pizza, 59 Market Street, Ashby de la Zouch, Leicestershire LE65 1AH


APPLICANT:Inspector Nigel Rixon, Leicestershire Police


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


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 outlined the procedure to be followed.


The Hearings 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 limit for each presentation be 10 minutes.


The Licensing Enforcement Officer presented the report to members, highlighting the background information and the representations received.


There were no questions for the Licensing Enforcement Officer.


Police Constable J Webb addressed the Sub Committee and presented the application on behalf of Leicestershire Police.  He explained that when Mr F Hussain, the premises licence holder, took control of the premises on 8 November 2016, the premises was already being monitored due to a number of previous incidents. Soon after this date police officers witnessed customers entering the premises and being served after the time stipulated on the licence.  He referred to conditions eight, nine and ten of the licence.  As Mr F Hussain was not adhering to these conditions he was clearly in breach of the licence.  He also referred to an additional condition requiring registered door staff on the premises on a Friday and Saturday night which was the result of a previous Licensing Sub Committee, this was also not being complied with.


Police Constable J Webb went on to list a number of occasions where the licence conditions had been breached and detailed a meeting held in December 2016 between Police Officers and Mr F Hussain where advice was given and promises made to improve.  Even after a Temporary Event Notice had been refused by a Licensing Sub Committee in December 2016 due to Mr F Hussain not adhering to his licence conditions, he had continuously breached these conditions and the CCTV footage available to view at the meeting clearly showed that.  Police Constable J Webb explained that anti-social behaviour did occur around fast food takeaways when people had consumed alcohol and there had been a number of incidents of assault that were connected to customers who had visited the premises. 


He believed that Mr F Hussain’s ability to manage customers and staff was questionable as he had told Sergeant Barlow ‘I told the door staff to stop them but he didn’t, please let me off, I keep telling them to go but they won’t’.  He believed that this also indicated Mr F Hussain was well aware that he was in breach of the licence conditions and was making a conscious decision to continue.  Due to the blatant continuous disregard of the licence conditions, Police Constable J Webb did not feel it would be beneficial to add any further conditions or to suspend the licence for training.  He also felt that any reduction in hours would be ignored and therefore, in his opinion, the only option available was to revoke the licence.


At this point the Sub Committee viewed CCTV footage showing the premises operating after the hours stipulated on the licence.  It showed customers in the premises waiting to be  ...  view the full minutes text for item 5.