Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED that Councillor Willacy 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 Willacy was in attendance as a nominated substitute for Councillor Parnell in accordance with Council Procedure Rule 4.3.

To approve and sign as a correct record the Minutes of the meetings held on 4^th November and 18^th November 2010 and to deal with any matters arising, attached.

RESOLVED that the Minutes of the meetings held on 4^th and 18^th November 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 decision.

Report of the Solicitor to the Council detailing an application from Hampshire Constabulary to review the premises licence in respect of Whitehouse, 194 Above Bar Street, Bargate, SO14 7DW, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application from Hampshire Constabulary to review the premises licence in respect of Whitehouse, 194 Above Bar Street, Bargate, SO14 7DW.  (Copy of report circulated with agenda and appended to signed minutes).

WPC Conway, Sergeant  McWilliams, PC Harris, Sergeant Marshman, PC Prior and PC Spencer (Hampshire Constabulary) and Mr Gilbert (Proprietor) Mrs Gilbert (Proprietor / Proprietor’s mother) Mr Grimsey (Proprietor’s Solicitor) Mr Hett, Mr Sims, Mr Scott (Whitehouse Staff) were present and, with the consent of the Chair, addressed the meeting.

The Sub-Committee noted the additional evidence submitted by the proprietor and the additional evidence submitted by Hampshire Constabulary..

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

RESOLVED

(i)  that the premises licence be suspended until such time as the closed circuit television recording system at the premises meets a standard to the satisfaction of Hampshire Constabulary and the Licensing Authority;

(ii)  that the premises licence be subject to the additional conditions:-

1.  that polycarbonate glasses and bottles will be used throughout the premises; or alternatively glass bottles may be used provided the contents are decanted into polycarbonate glasses  for consumption;

2.  that the Designated Premises Supervisor undertakes the NVQ Level 2 qualification training as soon as is reasonably practicable;

(iii)  that the existing conditions relating to the identification system be amended to ensure that the system is used for all entrants / patrons to the premises;

RECOMMENDATION 

The Sub-Committee recommended that all staff at the premises receive training on the new, revised and existing conditions to the licence as soon as practicable.

REASON FOR DECISION

In making the above decision, the Sub-Committee took into account all the late / additional evidence presented by both parties and had given careful consideration of all representations made, both written and oral,

The Sub-Committee found that there had been breaches of the licence conditions and took this very seriously.  The Sub-Committee also took into account the need to address the Licensing Objectives of Crime and Disorder and Public Nuisance in a reasonable and proportionate manner.

The Sub-Committee emphasised that the Council’s Licensing Enforcement Officers, in liaison with Hampshire Constabulary, would ensure that the licence conditions were complied with.