Agenda and minutes

To appoint a Chair for the purposes of this meeting.

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

In accordance with the Local Government Act 2000, and the Council's Code of Conduct adopted on 16th May 2007, Members to disclose any personal or prejudicial interests in any matter included on the agenda for this meeting.

NOTE: Members are reminded that, where applicable, they must complete the appropriate form recording details of any such interests and hand it to the Democratic Support Officer prior to the commencement of this meeting.

Councillor Cunio disclosed a personal interest in that she knew one of the residents who had made a written representation, however as there were no objections she remained in the meeting.

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.

Chair to move that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the press and public be excluded from the meeting in respect of Item 6.

The information contained therein is potentially exempt as it relates to individual personal details and information held under the Data Protection Act 1998.  In applying the public interest test the Sub-Committee should consider whether it is appropriate to disclose this information as the individuals’ legal expectation of privacy and the public interest in maintaining confidentiality may outweigh the public interest in the hearing taking place in public.

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.

Confidential report of the Head of Legal, HR and Democratic Services detailing an objection by Hampshire Constabulary to a DPS variation application, attached.

The Sub-Committee noted that Item 4, Hampshire Constabulary’s objection to a Variation Application for a Premises Licence – DPS Variation had been withdrawn.

Report of the Head of Legal, HR and Democratic Services detailing an application for a variation of a premises licence in respect of Baizz Club, 57-59 Castle Way, Southampton, SO14 2AU, attached.

The Sub-Committee considered the application to vary a premises licence in respect of Baizz Club, 57-59 Castle Way, Southampton, SO14 2AU.  (Copy of report circulated with the agenda and appended to the signed minutes).

Mr Swain, Owner/Applicant, Mr Madden, Applicant’s Representative, Councillor Noon, Ward Councillor, Ms Conchie and Mrs Gover, 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 2003 (Hearings) Regulations 2005.

RESOLVED that the variation application be granted subject to the following conditions/limitations:-

(i)  the conditions as agreed with the police (and set out in full in the email submitted to the Sub-Committee)  relating to SIA Door Staff, Restriction of Entry after 23h00, Personal Licence holder to be on the premises, Junior Members not permitted to sign in guests and to be accompanied by an adult, Junior Members not allowed to enter the bar area, revocation of membership to those attempting to supply alcohol to Junior Members, CCTV, Challenge 25, Refusals Book, Incident Book and Training be attached to the licence;  and

(ii)  live Music, Provision of Facilities for Entertainment of a similar description to that falling within I or J and Provision of Facilities for Dancing shall all cease at 00h00 (Midnight) on any day.

REASONS

The Sub-Committee considered carefully the application to vary a 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 the applicant and residents, including the additional evidence submitted by both parties with the agreement of all parties at the hearing.

It was noted that the applicant had agreed specific conditions with the police and that this had led to a lack of representation on their part.  Likewise it was noted that no representation was made by the Environmental Health Department in particular.  Further that 6 residential representations had been withdrawn following a meeting with and correspondence from the applicant.  The Sub-Committee accepted legal advice that the application and matter for determination was not review of the premises licence, but limited only to those licensable activities proposed by way of variation.

The Sub-Committee considered very carefully the representations of both the applicant and residents and noted the residential nature of the area in which the premises were located.  The Sub-Committee was of the opinion that by limiting the hours that live music and dancing might occur, a fair balance had been struck between the concerns of the residents and the applicant.  Clearly, residents had strong concerns regarding the potential for further nuisance and crime and disorder resulting from the additional hours and licensable activities at the premises and the Sub-Committee felt that the evidence of nuisance directly linked to the premises was sufficient to warrant a reduction in the hours proposed.

The Sub-Committee, in light of the flier/poster tabled at the meeting, attached due weight to the written  ...  view the full minutes text for item 5.