LICENSING SUB-COMMITTEE TO - Charnwood Borough Council

LICENSING SUB-COMMITTEE
TO: Councillors Pacey, Lowe and Tillotson (for attention)
All other members of the Council (for information)
You are requested to attend the Meeting of the Licensing Sub-committee, to be held in
Committee Room 2, The Council Offices, Southfields, on Thursday, 3rd March 2016 at
2.00pm for the following business.
Chief Executive
Southfields
Loughborough
24th February 2016
AGENDA
1.
INTERESTS
Members of the Sub-Committee are asked to confirm that they are not aware
of any interests or other reason which might prejudice the ability to hold a fair
hearing and make a sound determination of the matters to be considered.
2.
INTRODUCTIONS AND PROCEDURE FOR MEETING
The Chair is asked to introduce the various parties and explain the procedure
to be followed in conducting the hearing.
3.
SPICEE UPP LTD T/A SAMIS EXPRESS 53 SPARROW HILL
LOUGHBOROUGH LEICESTERSHIRE LE11 1BU
To consider an application under s17 of the Licensing Act 2003 for a new
premises licence at Spicee Upp Ltd T/A Sami’s Express, 53 Sparrow Hill,
Loughborough, Leicestershire, LE11 1BU.
Papers in respect of the matter are attached for the Sub-Committee’s
consideration.
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APPLICATION FOR A NEW PREMISES LICENCE FOR THE
SPICEE UPP LTD T/A SAMI’S EXPRESS 53 SPARROW
HILL LOUGHBOROUGH LEICESTERSHIRE LE11 1BU
BUNDLE INDEX
Pages
Licensing Manager’s Report
5
Appendix 1:
Previous licence
9
Appendix 2:
Application
15
Appendix 3:
Advertisement
35
Appendix 4:
Mandatory Conditions
37
Appendix 5:
Pool of Model Conditions
41
Appendix 6:
Representations from Interested Parties
57
Appendix 7:
Relevant Extracts from Licensing Policy
69
Appendix 8:
Relevant Extracts from the Guidance
81
Appendix 9:
Area Plan
87
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LICENSING SUB-COMMITTEE
3rd March 2016
TITLE OF REPORT:
Application for a new Premises Licence:
Spicee Upp Ltd T/A Sami’s Express 53 Sparrow Hill
Loughborough Leicestershire LE11 1BU
REPORT OF:
Licensing Manager – Regulatory Services
1.
PURPOSE OF THE REPORT
The Sub-Committee is asked to consider an application from the Spicee Upp Ltd
(‘Applicant’) for a new Premises Licence for Spicee Upp Ltd T/A Sami’s Express, 53
Sparrow Hill, Loughborough, Leicestershire, LE11 1BU. One representation has
been received on behalf of local residents and is to be considered with the
application. A resident of Pinfold Gardens has been nominated as spokesperson.
2.
BACKGROUND
The premises had a previous licence as ‘Sparrow Hill’ News. This was surrendered
on the 28th April 2014. A copy of this licence is attached at Appendix 1.
3.
CURRENT APPLICATION
This application was submitted by Spicee Upp Ltd on the 11th January 2016. The
application is attached at Appendix 2.
The application was advertised in accordance with the provisions of the Licensing
Act Regulations 2005. Copies of the advertising are attached at Appendix 3.
This application for a new Premises Licence was made under s17 of the Licensing
Act 2003 for the:
Supply of Alcohol (Off the Premises):

Monday to Sunday 09:00 – 23.00
Hours premises are open to the public

Monday to Sunday
9.00 – 23:00
Mandatory (compulsory) Conditions are issued by the Secretary of State and are
applied (where relevant) to all Premises Licenses selling alcohol. A full list of all
Mandatory Conditions is attached at Appendix 4.
The Licensing Authority may attach conditions to any licence which are necessary
for the promotion of the Licensing Objectives. A copy of the Model Pool of
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Conditions from Charnwood Council’s Statement of Licensing Policy is attached at
Appendix 5.
Representations
One representation has been received from a resident on Pinfold Gardens and is on
behalf of other local residents within the vicinity on the grounds of the following
licensing objectives:




The Prevention of Crime and Disorder
Public Safety
The Prevention of Public Nuisance
The Protection of Children from Harm
Full details of the representations are attached at Appendix 6.
Parties
The Parties to the hearing will be:
a) The Applicant, Spicee Upp Ltd
b) Interested Party – Resident of Pinfold Gardens
4.
FOR CONSIDERATION
The areas for consideration by the Sub-Committee are:



5.
The application for a Premises Licence;
The representation from the resident of Pinfold Gardens. Whether or not the
application should be granted; and
The conditions to be attached to the Premises Licence (if granted).
POLICY & GUIDANCE
When carrying out its functions the Sub-Committee must have regard to:
(a) the Statement of Charnwood Council’s Licensing Policy, and
(b) the Amended Guidance issued under Section 182 of the Licensing Act 2003
by the Secretary of State.
Relevant parts of the Policy and Amended Guidance are reproduced in Appendices
7 & 8. The parties may refer to the Policy and Guidance during the hearing.
6.
FOR DECISION
The Sub-Committee is asked to consider the application, decide whether or not it
should be granted, and if relevant, attach such conditions as it deems necessary for
the promotion of the Licensing Objectives.
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