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 note any changes in the membership of the Sub-Committee made in accordance with the Licensing Act 2003.

The Panel noted that Councillor Osmond was in attendance as a nominated substitute for Councillor Thomas 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 pre-determined point whilst the Sub-Committee reach its decision.

Report of the Solicitor to the Council detailing an application for a Premises Licence in respect of Hollyoak Stores, 25 -33 Hollyoak Road, Southampton SO16 5GB, 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 Hollyoak Stores, 25-33 Hollyoak Road, Southampton SO16 5GB.  (Copy of report circulated with agenda and appended to signed minutes).

Mr Bhakar (Applicant), Mr Kirk (Counsel for Applicant) and Mrs Brazil (Objector / Local Resident) and PC Harris, PC Prior and PC Dawson (Hants Constabulary) were present and, with the consent of the Chair, addressed the meeting.

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

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

After carefully considering all representations made by the applicant, Hampshire Constabulary and local residents, both written and oral, and giving due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted Statement of Licensing Policy; the Sub-Committee was satisfied that the application for a Premises Licence should not be granted. 

RESOLVED that the application be refused.

REASON FOR DECISION

The Sub-Committee was satisfied that a grant of the premises licence would likely lead to the Licensing Objectives being undermined, particularly crime and disorder and public nuisance and the prevention thereof. 

It attached due weight to all of the evidence and accepted that the Police evidence relating to the previous licence was now dated and applied to another individual.  Nonetheless it was not satisfied that the current proposals would be sufficient to prevent a likely recurrence of past problems and an extension of the existing issues.  Likewise due weight was attached to the survey produced by the applicant which showed a commercial demand but was limited by those signing failing to provide an address.

The evidence of residents was clearly that the position had improved since the previous licence was surrendered.  The location of other premises and their operating methods was carefully borne in mind whilst making the decision.  However, the Sub-Committee found that an additional premises, and more particularly in this location, would lead to an increase in the issues evidenced irrespective of whether the controls put in place were greater than those exercised elsewhere.  It was the Sub-Committee’s view that the evidence of the Police and residents has established that no condition or restriction could satisfactorily cover or mitigate the risk posed to the Licensing Objectives. 

Human Rights legislation was taken into account with regards to the impact upon all parties of the decision.