Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED that Councillor Harris 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 Lloyd stated that she lived in the vicinity of the premises and had shopped there in the past but not for some years. She confirmed she had not discussed the particular application with any party. No objection was raised by any party to her continuing to hear the matter.

To approve and sign as a correct record the Minutes of the Meeting held on 13^th July 2012 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meeting held on 12^th July 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 for a premises licence in respect of George’s, 6A Athelstan Road, Southampton, SO19 4DD, attached.

The Sub-Committee considered the application for a premises licence in respect of Georgie’s, 6 Athelstan Road, Bitterne, Southampton, SO19 4DD.  (Copy of report circulated with the agenda and appended to the signed minutes).

Mr O Ekinci, Applicant, Mr Dadds, Counsel for Applicant, Mr Kilic, Licensing Agent, Mr Marshall, Trading Standards, PC Wood and PC Harris, Hampshire 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 the Licensing Act 2003 (Hearings) Regulations 2005.

RESOLVED that the application for a premises licence be refused.

REASONS

The Sub-Committee considered the application for a premises licence at Georgie’s 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 all parties, including additional evidence/conditions produced at the hearing with the consent of all parties.

It was noted that the premises had previously been the subject of review proceedings on two occasions including a previous suspension of the premises licence and subsequently revocation.

It was argued on behalf of the applicant that the application be considered on its own merits and separate and distinct to those previous proceedings and the licence already in place at the premises.

Whilst the Sub-Committee accepted that the application must be considered on its own merits in accordance with the legislation and guidance, it determined that the history of the premises was a relevant consideration as it related to the likely effect of the grant of the licence on the promotion of the licensing objectives, notably the prevention of crime and disorder (although disorder is not an issue in this case), public safety and the protection of children from harm.

The Sub-Committee heard evidence relating to the applicant’s skills, experience and qualifications.  It was noted that no issue was raised with regards to the integrity of the applicant personally and no evidence relating to any offence or breach of condition was presented in relation to him personally.  However, considerable concern remained in relation to the age and experience of the applicant, including the potential for the distraction of part-time study (if pursued).  As a point of clarification the Sub-Committee were of the opinion that if the father and brother were genuinely excluded from the business the applicant would be alone in dealing with the business and the issues it faced.  The fact that the applicant might begin part-time study was considered as an additional factor, but of less significance than his age and experience. 

In light of the very serious issues at the premises relating to the repeated sale of counterfeit (likely non-duty paid) alcohol when twinned with the sale of alcohol to persons under the legal age, the Sub-Committee was not satisfied on the balance of probabilities that the applicant had the experience or confidence to address such significant issues at the premises.  The  ...  view the full minutes text for item 25.