Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED that Councillor Cunio be elected 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 Sub-Committee noted that Councillor Tucker was in attendance as a nominated substitute for Councillor Lewzey in accordance with Council Procedure Rule 4.3.

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 to vary a premises licence in respect of Pig in the Wall, Western Esplanade, Southampton, SO14 2AZ, attached.

The Sub-Committee noted that the application to vary a premises licence in respect of Pig in the Wall, Western Esplanade, Southampton, SO14 2AZ no longer required a hearing as conditions had been agreed between the parties and the objectors had withdrawn their representations.

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Report of the Head of Legal, HR and Democratic Services, detailing an application for a premises licence in respect of Shell Hampton Park, 197 Burgess Road, Southampton, SO17 1TU, attached.

The Sub-Committee considered the application for a premises licence in respect of Shell Hampton Park, 197 Burgess Road, Southampton, SO17 1TU.  (Copy of report circulated with the agenda and appended to the signed minutes).

PS Wood and PC Norris, Hampshire Constabulary, Mr Phillips, Counsel for Applicant, Mr Hunt, Designated Premises Supervisor and Mr Lockett, Applicant’s Agent 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:-

(i)  in accordance with Regulation 17 of The Licensing Act 2003 (Hearings) Regulations 2005, further statistical evidence be supplied showing  not only the value of sales of fuel and other items, but also the number of sales relating to fuel transactions only, fuel and convenience store transactions combined and convenience store transactions only; 

(ii)  given new systems would need to be implemented in order to record, analyse and present the data required, the hearing be adjourned to 25^th April 2013;  and

(iii)  in the event that the applicant was able to retrospectively analyse its sales data in such a way to present the information requested for a minimum period of 4 months, post the changes made to the premises, application may be made for an earlier hearing than that stated above, convenient to all parties.

REASONS FOR ADJOURNEMENT

The Sub-Committee considered very carefully the application for a premises licence at Shell Hampton Park and gave due regard to the Licensing Act 2003, the licensing objectives, statutory guidance,  the adopted statement of licensing policy, human rights legislation and the evidence submitted by all parties, both written and given orally today, including the additional information supplied by the applicant (agreed conditions and additional statistical evidence provided to the police in advance of the hearing).

It was noted that the sole issue raised by the police representation was that of primary use of the premises as a garage and in making a representation had requested specific information from the applicant to satisfy them that the use was not primarily that of a garage.  As a result the Sub-Committee acknowledged the conditions presented and agreed but focused its mind on the sole issue of primary use. 

The Sub-Committee considered the police request and the evidence supplied in response as presented and explained at the hearing.  However, it did not feel able to make a determination on the basis of the evidence gathered and supplied. 

The evidence presented showed retail sales exclusive of VAT and separated fuel-based sales from other convenience store sales.  The police representation had asked for figures relating to number of transactions with regards fuel purchases only, fuel and convenience purchases combined and convenience purchases only.  The applicant stated that systems currently in place did not enable the production of data in this manner.

The Sub-Committee noted that there were generally two methods of analysing the proportion of sales so as to determine the primary use of the  ...  view the full minutes text for item 60.