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Contact: Sharon Pearson- Democratic Support Officer 023 8083 4597
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Election Of Chair To appoint a Chair for the purposes of this meeting. Minutes:
RESOLVED that Councillor Thomas be appointed Chair for the purposes of the meeting.
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Apologies And Changes In Membership (If Any) To note any changes in the membership of the Sub-Committee made in accordance with the Licensing Act 2003. Minutes:
The Panel noted that Councillor Thomas was in attendance as a nominated substitute for Councillor Parnell and Councillor Osmond was in attendance as a nominated substitute for Councillor Drake for Item 47.
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Disclosure Of Personal And Prejudicial Interests 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. Minutes: Councillor Drake declared a personal and prejudicial interest in Item 46 and withdrew from the meeting.
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Minutes Of The Previous Meeting (Including Matters Arising) PDF 59 KB To approve and sign as a correct record the Minutes of the meeting held on 22nd September 2011 and to deal with any matters arising, attached. Minutes:
RESOLVED that the minutes of the meeting held on 22nd September 2011 be signed as a correct record. (Copy of the minutes circulated with the agenda and appended to the signed minutes).
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Exclusion Of The Press And Public 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. Minutes:
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 reach its decisions.
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Application for a Premises Licence - Raj of Shirley, 19 Romsey Road, Southampton, SO16 4BY PDF 2 MB Report of the Head of Legal and Democratic Services, detailing an application for a premises licence in respect of Raj of Shirley, 19 Romsey Road, Southampton, SO16 4BY, attached. Minutes:
The Sub-Committee considered the application for a premises licence in respect of Raj of Shirley, 19 Romsey Road, Southampton, SO16 4BY. (Copy of the report circulated with the agenda and appended to signed minutes).
Mr and Mrs Rahman, Owners, PS Marshman 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
(i) that the agreed extension of hours be as follows:- Sunday – Thursday : 17h00 - 0h30 Friday and Saturday : 17h00 - 1h30
(ii) that the agreed condition relating to the Incident Book be attached to the licence; and
(iii) that the CCTV condition be attached to the licence, subject to the following amendments:-
· The final paragraph should state after the telephone number “or other number as notified from time to time; and · The following wording should be added to the condition “the CCTV shall be to a standard and operated with a procedure to be agreed in advance, in writing, by the police, prior to the commencement of licensable activities”.
REASONS
The Sub-Committee considered carefully the application for a premises licence 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 made, both written and given orally by both parties.
The Sub-Committee noted that the premises licence holder had co-operated with Hampshire Constabulary and that the condition relating to the Incident Book had been agreed.
The Sub-Committee had considered very carefully the evidence of the police, in particular relating to the prevention of crime and disorder and was satisfied that in all circumstances, it was necessary and proportionate to require the provision of CCTV at the premises. This conclusion was based on the specific evidence of the police relating to the likely increase in problems at the premises at a later hour. It was stressed that the financial cost was not a factor that the Sub-Committee had borne in mind whilst making the decision and that it had focussed upon the four licensing objectives, in particular the prevention of crime and disorder.
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Report of the Head of Legal and Democratic Services, detailing an application by Hampshire Constabulary for a review of a premises licence in respect of 90 Degrees at Carlton, 24 Carlton Place, Southampton, SO15 2DY, attached.
Minutes:
The Sub-Committee considered the application to vary a premises licence in respect of 90 Degrees at Carltons, 24 Carlton Place, Southampton, SO15 2DY. (Copy of report circulated with agenda and appended to signed minutes).
Mr N Raftopolous, Designated Premises Supervisor (DPS), Mr L Weston (Counsel for 90 Degrees), Mr C Morris, Solicitor, Mr A Winder, Head Door Manager (Securdoors), Mr D Curtis, Head Door Supervisor, PS Marshman and PC Harris, Hampshire Constabulary and Miss S Nevill and Mrs J Nevill, Witnesses, were present and with the consent of the Chair, addressed the meeting.
The Sub-Committee accepted legal advice and refused applications to exclude police evidence on two grounds namely :-
(i) that evidence not submitted with the application is inadmissible in accordance with Section 51 of the Licensing Act 2003 and Regulation 16 of the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005; and (ii) that any evidence relating to the licence prior to a variation application and subsequent grant of amended premises licence did not relate to the current license in existence.
The applications were refused for the following reasons:-
(i) Regulation 16 of the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005 relates to the application specifically and not supplemental for additional evidence. Further, Regulation 18 of the Licensing Act 2003 (Hearings) Regulations 2005 state that “the Authority may take into account documentary or other information produced by a party in support of their application…..before the hearing”; and (ii) The fact that a premises licence had been varied and in this instance only in order to amend the plan, did not amount to the creation of a “new licence” detached in its entirety from the previous. In the circumstances the premises were the same, the premises licence holder was the same and the DPS was the same and as a result the Sub-Committee determined that the evidence relating to a period prior to the variation should be admissible.
The Sub-Committee considered the condition in confidential session in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.
RESOLVED
(i) that the condition relating to CCTV should not be attached to the premises licence; (ii) that the condition relating to the Incident Book be attached to the premises licence and in addition the wording of the condition should require the prior written approval of the Police of the procedure to be implemented; (iii) that the condition relating to Training as set out in the report be attached to the licence and in addition the wording of the condition should require the prior written approval of the police of the content and scope of any training to be provided; (iv) that the condition relating to the Dispersal Policy should not be attached to the licence; (v) that the condition relating to the Toilet Check Policy be attached to the licence as set out in the police application; (vi) that the condition relating to the Challenge 25 Policy be attached to the licence ... view the full minutes text for item 46. |