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. -1- -2- 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 -3- -4- 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 -5- 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. -6-
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