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 approve and sign as a correct record the Minutes of the meeting held on 16^th December 2011 and to deal with any matters arising, attached.

RESOLVED that the Minutes of the meetings held on 16^th December 2010 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 pre-determined point whilst the Sub-Committee reach its decisions.

Report of the Solicitor to the Council detailing an application to vary a premises licence in respect of Pop Bar, 3-4 Vernon Walk, SO15 2EJ, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application to vary the premises licence in respect of Pop Bar, 3-4 Vernon Walk, SO15 2EJ.  (Copy of report circulated with agenda and appended to signed minutes).

Mr Bennetton (Licence Holder) and Ms Sheppard (Premises Supervisor) and PC Prior, PC Channell and Ms Cleaton (Hants Constabulary) were present and, with the consent of the Chair, addressed the meeting.

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

The Sub-Committee noted the amendment to the application made by the applicant reducing opening hours and proposing additional conditions as agreed with Hampshire Constabulary and Environmental Health prior to the hearing.

RESOLVED

(i)  that the application for a premises licence in respect of Pop Bar, 3-4 Vernon Walk, SO15 2EJ be granted as amended as follows:-

(a)  Section A – Plays, Section B – Films, Section F –Recorded Music, Section G – Performance of Dance,  Section H – Anything similar ti live music ,recorded music or performances of dance , Section I –Facilities for making music, Section J - Facilities for dancing, Section K  - Similar to facilities for music &dance  Amended to Monday to Thursday 09:00 – 02:00, Friday and Saturday 09:00 – 03:00, Sunday 09:00 – 00:30

(b)  Section E – Live Music – Monday to Sunday 09:00 – 23:00

(c)  Section L – Late Night Refreshment – Amended to:-

Monday to Thursday 23:00 – 02:30;

Friday and Saturday 23:00 – 03:30;

Sunday 23:00 – 01:00;

(d)  Section M – Supply by retail of alcohol - Amended to:-

Monday to Thursday 09:00 – 02:00;

Friday and Saturday 09:00 – 03:00;

Sunday 09:00 – 00:30;

(e)  Section O – Hours Premises are open to the public – Amended to:-

Monday to Thursday 09:00 – 02:30;

Friday and Saturday 09:00 – 03:30;

Sunday 09:00 – 01:00; and

(ii)  that the following conditions numbered 1 to 7 as agreed between the Applicant, Hampshire Constabulary and Environmental Health be added to the Operating Schedule / included in the licence:-

1.  The licence holder must ensure that all doors and windows are closed during any regulated entertainment involving live and recorded music except for access and egress

2.  Notices asking customers to respect local residents and to leave the premises quietly will be displayed prominently within the premises

3.  CCTV

(i)  The premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit.  The system should be able to cope with strobe lighting and all levels of illumination throughout the premises as well as outside areas;

(ii)  The CCTV system must be operating at all times whilst the premises are open for licensable activity;

(iii)  All equipment shall have a constant and accurate time and date generation;

(iv)  There shall be sufficient members of trained staff available during operating hours to be able to provide viewable copies at the request of the  ...  view the full minutes text for item 60.

Report of the Solicitor to the Council detailing an application to review a premises licence in respect of R&J Beers and Wine, 300 Shirley Road, Freemantle, SO15 3HL, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application from Hampshire Constabulary to review a premises licence in respect of R&J Beers and Wine, 300 Shirley Road, Freemantle, SO15 3HL.  (Copy of report circulated with agenda and appended to signed minutes).

Mr Rathor (Licence Holder) was present and, with the consent of the Chair, addressed the meeting.

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

RESOLVED that the licence allowing the sale of alcohol at the premises be revoked.

REASON FOR DECISION

The Sub-Committee carefully considered the application for review of the premises licence at R&J Beers and Wine and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted Statement of Licensing Policy, the Sub-Committee. It fully considered all representations made by all the parties both written and oral.

Whilst the Sub-Committee noted that Trading Standards had requested a suspension of the licence with conditions, the Sub-Committee was not satisfied that a suspension with conditions would satisfactorily address the Licensing Objectives.  The Sub-Committee were of the view that the risk to public safety of selling counterfeit alcohol when combined with the evasion of payment of Duty was so serious that it decided to revoke the licence.  It further considered the evidence relating to under-ages sales of alcohol which also contributed to the decision.

The Sub-Committee heard evidence that the Premise Licence Holder did not intend to continue to trade at the premises but accepted legal advice that this not be taken into account when reaching its decision.

Report of the Solicitor to the Council detailing an application for a Premises Licence in respect of Liquid, 69 Bedford Place, SO15 2DS, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application for a premises licence in respect of Liquid, 69 Bedford Place, SO15 2DS.  (Copy of report circulated with agenda and appended to signed minutes).

Mr Ranjit Singh and Mr Rajinderpal Singh (Applicants) were present and, with the consent of the Chair, addressed the meeting.

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

RESOLVED that the application for a premises licence in respect of Liquid, 69 Bedford Place, SO15 2DS be refused.

REASON FOR DECISION

The Sub-Committee carefully considered the application for a premises licence at Liquid, 69 Bedford Place.  It gave due regard to all representations made, both written and oral, the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted Statement of Licensing Policy and the Cumulative Impact Policy. 

The Sub-Committee took into account that the applicant had negotiated with the Police, agreed conditions and that no responsible authority had made representations.

In light of all the evidence, the Sub-Committee decided to refuse the application.

The Sub-Committee did not take into consideration those parts of representations that related to commercial need or the identity of the area (in business terms) and restricted its consideration to the licensing objectives only.  It was satisfied that an over saturation within the area was leading to the issues identified and had lead to the implementation of the Cumulative Impact Policy.  An additional premise in this area in particular, was likely to lead to an increase in, or addition to, these problems.

The Sub-Committee stated the decision was in no way a reflection upon the professionalism or quality of the application.

Report of the Solicitor to the Council detailing an application to vary a premises licence to specify an individual as designated premises supervisor  in respect of Night Refreshment - Unit K5, Liners Industrial Estate, Pitt Road, SO15 3FQ, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application to vary a premises licence to specify an individual as designated premises supervisor in respect of Night Refreshment - Unit K5, Liners Industrial Estate, Pitt Road, SO15 3FQ.  (Copy of report circulated with agenda and appended to signed minutes).

The Sub-Committee noted that whilst a representative from Hampshire Constabulary was in attendance, the applicant was not present to address the meeting.

RESOLVED that the hearing be adjourned to the 10^th February 2011 to allow the applicant the opportunity to address the meeting.

REASON FOR DECISION

The Sub-Committee considered that in the interests of natural justice, the applicant should be given the opportunity to address the meeting and therefore decided that the hearing be adjourned.