Agenda and minutes

To appoint a Chair for the purposes of this meeting.

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

COUNCILLOR PARNELL IN THE CHAIR

To approve and sign as a correct record the Minutes of the meeting held on 24^th March 2011 and to deal with any matters arising, attached.

RESOLVED that the Minutes of the meeting held on 24^th March 2011 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 decisions.

Report of the Solicitor to the Council detailing an application for a premises licence in respect of Cre8 Leisure Limited, 1^st and 2^nd Floor, 15-17 High Streeet, Southampton, S014 2DF, attached.

The Sub-Committee noted that the application for a premises licence in respect of Cre8 Leisure Limited, 1^st and 2^nd Floor, 15-17 High Street, Southampton, S014 2DF,  had been withdrawn as agreement had been reached between the applicant and Environmental Health.

Report of the Solicitor to the Council detailing an application for a review of a premises licence in respect of Pizza Chicken Kebab Hot 2 You, 1A Bedford Place, Polygon, Southampton, SO15 2BY, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application by Hampshire Constabulary – Licensing for a review of a premises licence in respect of Pizza Chicken Kebab Hot 2 You, 1A Bedford Place, Polygon, S015 2BY.  (Copy of report circulated with the agenda and appended to signed minutes).

Mr J Wallsgrove, Solicitor for Pizza Chicken Kebab Hot 2 You, Mr N Mohammed, PC Harris and PS Marshman were present and, with the consent of the Chair addressed the meeting.

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

RESOLVED

(i)  that the Sub-Committee noted that the parties had reached agreement prior to the commencement of the hearing as to  suggested conditions and a proposed suspension of the licence for a period of 14 days, detailed below:-

1.  one SIA registered door staff to be employed on Tuesdays, Fridays and Saturdays from midnight until 02.30 ; 

2.  last entry to the premises by members of the public to be 02.15 and all members of the public vacating the premises and doors locked by 02.30;

3.  the permitted hours for late night refreshment and the opening hours set out in this premises licence after 02.30 are to be used solely for the purposes of the delivery service offered by the premises  licence holder.  For the avoidance of any doubt, this condition prohibits collection of any order by a member of the public from the premises after 02.15.  Deliveries will only take place to a dwelling or place of work with a recognisable postal address;

4.  the premises licence will be suspended for a period of 14 days commencing on the day after the period of time given to appeal this decision or such earlier day as may be notified to the Local Authority and Police by the premises licence holder;  and

the CCTV system will be checked on a weekly basis to ensure that all cameras are operational and the system is recording.  A copy will be made onto disc of 5 minutes footage.  From the system all footage will be kept for inspection by the Police for 3 months.  A record of CCTV checks will be kept at the premises for inspection by the Police on request.

(ii)  that the above conditions as agreed be imposed, subject to the following amendments:-

1.  additional condition 3 shall have the following added:-

·  delivery destinations after 02.15 hours shall be recorded and kept for inspection by the Police for a period of at least seven days;  and  Delivery destinations after 02.15 shall be recorded and kept for inspection by the police for a period of at least seven days. 

·  delivery drivers or those making deliveries shall only access the premises by the rear entrance and shall not use the front door after 02.15 hours on any day;

2.  condition 4 shall not be implemented;  and

3.  additional CCTV condition (not numbered) be amended to state:-

The CCTV system will be  ...  view the full minutes text for item 69.

Report of the Solicitor to the Council detailing an application for a premises licence in respect of Co-operative, 195-197 Shirley Road, Southampton, S015 3FJ, attached.

The Sub-Committee considered the report of the Solicitor to the Council detailing an application for a premises licence in respect of Co-operative, 195- 197 Shirley Road, Southampton, S015 3FJ.  (Copy of report circulated with agenda and appended to signed minutes).

Mr J Wallsgrove, Solicitor for Co-Operative, G Foley, Co-Operative Manager and Mr R Fenton, Objector were present and, with the consent of the Chair, addressed the meeting.

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

RESOLVED that the application for a premises licence in respect of Co-Operative, 195-197 Shirley Road, Southampton, S015 3FJ be granted , subject to the mandatory conditions  contained within the Licensing Act 2003, the conditions consistent with the operating schedule and such conditions relating to the statutory licensing objectives as are deemed necessary, with the following additional conditions:-

(i)  CCTV shall be installed at the premises covering both internal and external areas and shall be of a standard and specification to be agreed in writing by the Police, prior to installation and the sale of alcohol at the premises.  The location of the cameras, retention of images and access to  the images shall form part of that agreement, with the system being maintained to that standard;  and

(ii)  the holder of the premises licence will ensure that every individual who appears to be under 25 years of age, seeking to purchase or be supplied with alcohol at or from the premises shall produce means of identification acceptable to the licensing authority, proving that individual to be 18 years of age or older.  If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person.

REASONS FOR DECISION

The Sub-Committee considered the application for a premises  licence and listened very closely to the resident’s concerns regarding issues of nuisance and underage drinking in the area.   The Sub-Committee gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted Statement of Licensing.  However, the Sub-Committee were of the opinion that the imposition of the above conditions would ensure that the premises did not add or contribute to those issues raised and residents should be reassured by the strict controls upon premises once a  licence was granted.

The Sub-Committee accepted legal advice that commercial need or demand could not be taken into consideration whilst reaching its decision and likewise issues not related to the Licensing Objectives ie planning had been excluded.

Having considered all the above matters, it was felt that the decision would maintain a fair balance between the interests of the applicant and those of the residents.

Report of the Solicitor to the Council detailing an application for a review of a premises licence in respect of Clowns Wine Bar, 112-118 Bevois Valley Road, Bevois Valley,Southampton, S014 OJZ, attached.

The Sub-Committee noted that the above application had been adjourned to Thursday 21^st April 2011, in order to allow all parties to receive the relevant documentation timeously and to enable the applicant to obtain legal representation.