Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED that Councillor Parnell be appointed Chair for the purposes of this meeting.

To note any changes in the membership of the Sub-Committee made in accordance with the Licensing Act 2003.

The Panel noted that Councillor Harris was in attendance as a nominated substitute for Councillor Cunio, in accordance with Council Procedure Rule 4.3.

The Chair informed the Sub-Committee that Councillor Drake had retired due to ill health and members passed a vote of thanks for his co-operation and hard work as a valued member of the Licensing and Gambling Sub-Committee.

To approve and sign as a correct record the Minutes of the meeting held on 8^th March 2012 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meeting held on 8^th March 2012 be signed as a correct record.   (Copy of the minutes circulated with the agenda and appended to the signed minutes).

At a predetermined point during the consideration of all items the Sub-Committee may move into private session in order to receive legal advice when determining issues. The press and the public, unless otherwise excluded by the Licensing Act 2003 (Hearings) Regulations 2005, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the press and public be excluded at a predetermined point whilst the Sub-Committee reached its decisions.

Report of the Head of Legal, HR and Democratic Services detailing an application by Hampshire Constabulary for review of a premises certificate in respect of Woolston Trades and Labour Club, Winchester House, 25 Leighton Road, Southampton, SO19 2FS, attached.

The Sub-Committee considered the application for review of a premises certificate in respect of Woolston Trades and Labour Club, 5 Leighton Road, SO19 2FS.  (Copy of report circulated with the agenda and appended to the signed minutes).

Mrs Haws, President and Mr Morris Manager of Woolston Trades and Labour Club, Mr Edwards, Counsel for Woolston Trades and Labour Club, PC Lindley and PC Harris, Hampshire Constabulary were present and with the consent of the Chair, addressed the meeting.

The Sub-Committee determined that it could continue to hear and determine the application, despite an apparent administrative slip by the police when completing the application.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

RESOLVED

(i)  that the club premises certificate be suspended for a period of one calendar month.  For the avoidance of doubt, the suspension applied only to the sale or supply of alcohol and no other licensable activity;  and

(ii)  that the following condition be added to the certificate:-

·  there shall be a registered member of door staff or alternatively, a committee member on the door at all times the premises are open for the sale or supply of alcohol to members or guests, to check membership details, ensure members and guests are signed in as required and to check the age of those being admitted and ensure that details are correctly recorded.

REASONS

The Sub-Committee considered  carefully the application for review of the premises certificate at Woolston Trades and Labour Club and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance,  the adopted statement of Licensing Policy, Human Rights legislation and representations, both written and given orally today by Hampshire Constabulary and the premises certificate holder.

It was raised by Counsel for the premises certificate holder that in light of the terms of the application, the legislation prevented a determination of the matter.  The Sub-Committee considered very carefully all the circumstances of the application, including various correspondence making reference to a “club premises licence” which included a covering letter submitting the application and the body of the application similarly made reference to the “club premises licence”.  The advertisement / signage placed at the premises did correctly describe the application as one relating to a club premises certificate, as did a letter written by the police dated 29^th February 2012, confirming the same.  In all the circumstances the Sub-Committee determined that there was never any doubt as to which premises were the subject of the review (ie the club) and no party was unduly prejudiced by the administrative error.  In addition, no reference was made in the application to the Section of the legislation under which it was made.

In light of all the evidence it was clear that the management of the premises was not to the standard required and that conditions were breached on several occasions and that in their own evidence, the premises certificate holder was unaware of the full  ...  view the full minutes text for item 106.

Report of the Head of Legal, HR and Democratic Services detailing an application by Trading Standards and Hampshire Constabulary for review of a premises licence in respect of George’s, 6 Athelstan Road, Bitterne SO19 4DD, attached.

The Sub-Committee considered the application for review of a premises licence. (Copy of report circulated with the agenda and appended to the signed minutes).

The Premises Licence Holder, Mr Dadds, Counsel for the Premises Licence Holder, Mr Marshall, Trading Standards and PC Lindley and PC Harris, Hampshire Constabulary were present and with the consent of the Chair, addressed the meeting.

At Counsel’s request it was agreed by all parties that the Sub-Committee heard the application with the press and public excluded, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

RESOLVED that the premises licence be revoked.

REASONS

The Sub-Committee considered  carefully the application for review of the premises licence and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance,  the adopted statement of Licensing Policy, Human Rights legislation, representations, both written and given orally today by Hampshire Constabulary, Trading Standards and the premises licence holder and the additional evidence produced at the hearing with the consent of all parties.

The Sub Committee accepted legal advice that matters relating to other premises should not be taken into consideration when determining the review of this premises licence and accordingly they were excluded from consideration.

The Sub-Committee considered the sale of counterfeit alcohol very serious and the potential health implications for consumption of such alcohol by those  purchasing alcohol at the premises could not be understated. In this regard the Sub-Committee considered the argument raised, that it was prevented by the Guidance from considering such, given that it related to public health and not public safety which concerned the physical aspects of the building itself and no more. That argument was rejected given the Guidance stating that public safety “was concerned with the physical safety of the people using the relevant premises”. If a consumer was ill as a result of consuming counterfeit alcohol it was considered that this affected their physical safety no less than a defective building. “Public health” was clearly referring to a wider section of the public and not the potential for harm to an individual as there was in this case.

The Sub-Committee noted the argument that the alcohol had been left behind by previous owners and the conflict in the evidence given as to when this type of counterfeit alcohol had been available. It made no determination on the point as it considered the failure to check on the validity of the alcohol in the first instance to be sufficient to show a lack of regard for the Licensing Objectives, which was emphasised by the fact that the premises had been the subject of a previous review and which therefore should have alerted the premises licence holder to the potential for an issue with the alcohol – irrespective of where it came from or when (and if) it had been purchased.

The Sub-Committee was satisfied that the sale of counterfeit and  ...  view the full minutes text for item 107.