Issue - meetings

Application for a new premises licence in respect of Southampton Harbour Hotel, 5 Maritime Walk, Southampton SO14 3QT, attached.

The Sub-Committee considered the application for grant of premises licence in respect of Southampton Harbour Hotel, 5 Maritime Walk, Southampton SO14 3QT.

There was a short adjournment to ascertain if Environmental Health would be attending the meeting, and it was accepted that they would not be in attendance.

Mr Maguire (Applicant), Councillor Paffey (Ward Councillor), Mr Smart (Chair of Ocean Village Marina Residents Association), Mr Place, Mr Robb, Mr Griffith and Mr White (Local Residents) were present and with the consent of the Chair, addressed the meeting.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act (Hearings) Regulations 2005.

RESOLVED that the premises licence be granted to include conditions proposed by the Environmental Health Officer and in accordance with conditions already agreed with the police.

After private deliberation the Sub-Committee reconvened and the Chair read out the following decision:-

All parties will receive formal written confirmation of the decision and reasons.

The Sub-Committee has considered very carefully the application for a premises licence for Southampton Harbour Hotel, 5 Maritime Walk, Southampton SO14 3QT.

It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. 

The Sub-Committee considered the representations, both written and given orally today, by all parties. Human rights legislation has been borne in mind whilst making the decision. 

It was noted that representations had been received from a significant number of residents, police and environmental health.  The applicant had agreed conditions with the police prior to the hearing as set out within the report (and relating to CCTV, staff training, proof of age and refusals).  The applicant also confirmed that a condition had been agreed with environmental health restricting the use of external areas after 2200 hours on any day. 

Having considered all the above evidence and after having heard from those present, the Sub-Committee has determined to grant the Premises Licence.

Reasons

The Sub-Committee heard evidence from residents raising concern including (but not limited to) the following points:

·  That the premises should be in line with surrounding premises in terms of operation;

·  That sound, particularly bass, travels more easily over water increasing the risk for noise nuisance;

·  That the provision of off licence sales at the premises presents a risk to the licensing objective of Crime and Disorder;

·  The closing of a footpath in the area indicates existing levels of nuisance;

·  That the extensive hours put forward by the application could lead to excessive interference/nuisance;

·  That boats visiting the harbour might be encouraged to create nuisance as a result of licensable activities at the premises.

The Sub-Committee considered all of these points particularly carefully but accepted legal advice given during the hearing that the Sub-Committee is bound to consider the application on its merits, that no precedent applies with regards to other premises and the application can only be reasonably restricted where evidence shows there is a risk presented to one or more of the licensing objectives. 

The Sub-Committee heard evidence  ...  view the full minutes text for item 4