Agenda and minutes

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Items
No. Item

69.

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.

 

70.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

 

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

 

71.

Application for a Premises Licence - Pams Food, The Saints Hotel PH, Mansel Road West, SO16 9LP pdf icon PDF 5 MB

Report of the Head of Legal and Democratic Services, detailing an application for a premises licence in respect of Pams Foods, The Saints Hotel PH, Mansel Road West, SO16 9LP, attached.

 

Minutes:

 

The Sub-Committee considered the application for a premises licence in respect of Pams Food, The Saints Hotel PH, Mansel Road West,SO16 9LP.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Mr Parera, Applicant, Mr Dhunswayh, Colleague and PC Prior, 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 that the application for a premises licence be refused.

 

REASONS

 

The Sub-Committee considered carefully the application for a premises licence at Pam’s Food and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted statement of Licensing Policy and human rights legislation.  It listened very carefully to the representations made both written and given orally by all parties and due weight was given to residents’ concerns about noise nuisance and anti-social behaviour. 

 

The Sub-Committee considered very carefully the evidence of the residents and the police relating to the licensing objectives and the answers to questions provided by the applicant.

 

The Sub-Committee was not satisfied that the applicant fully understood the implications of the later opening hours and was not satisfied that there would be any appropriate measures in place to cope with the likely difficulties.

 

During the hearing the applicant was given more than one opportunity to provide an answer and was unable to do so and failed to grasp the significant difference of being open even a couple of hours later.

 

The Sub- Committee was also concerned that the written application as presented was misleading in that reference was made to staff training and full CCTV coverage.   Although the Sub-Committee did not believe there was any intention to mislead, it demonstrated the applicant’s lack of understanding of the licensing objectives.

 

 

 

72.

Application for a Premises Licence - Bottles Up, 300 Shirley Road, Southampton,SO15 3HL pdf icon PDF 5 MB

Report of the Head of Legal and Democratic Services, detailing an application for a premises licence in respect of Bottles Up, 300 Shirley Road,  Southampton, SO15 3HL, attached.

Minutes:

 

The Sub-Committee considered the application for a premises licence in respect of Bottles Up, 300 Shirley Road, Southampton, SO15 3HL.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Mr Singh, Applicant, PC Lindley, Hampshire Constabulary and Mr Marshall, Trading Standard 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.

 

RESOLVED that the application for a premises licence be granted, subject to the following:-

 

 

(i)  that conditions agreed between the applicant and the Police relating to CCTV, Incident Book, Challenge 25, Refusals Book and Training on page 39 and 40 of the report be attached to the licence;

(ii)  that the hours the premises are open to the public be reduced to 10h00 – 23h00;

(iii)  that a new DPS  be appointed to the satisfaction of the Police ;  and

(iv)  that a personal licence holder to be on site at all times the premises are open.

 

REASONS

 

The Sub-Committee considered carefully the application for a premises licence at Bottles Up and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted statement of Licensing Policy and human rights legislation and evidence submitted by all parties, both written and given orally today.

 

The Sub-Committee considered the evidence of Trading Standards relating to the applicant’s trading record, but were satisfied that the agreed conditions between the police and the applicant, the appointment of a new DPS background-checked by the police, as well as a personal licence holder on site at all times the premises were open, would be sufficient to address the licensing objectives.

 

73.

Application for a Review of a Premises Licence - Clovelly Post Office and Stores, 110 St Mary's Road, Southampton, SO14 OAN pdf icon PDF 10 MB

Report of the Head of Legal and Democratic detailing an application from Hampshire Constabulary for a review of a premises licence in respect of Clovelly Post Office and Stores, 110 St Mary’s Road, Southampton, SO14 OAN, attached.

Minutes:

 

The Sub-Committee considered the application for a review of a premises licence by Hampshire Constabulary in respect of Clovelly Post Office and stores, 110 St Mary’s Road, Southampton, SO14 OAN.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Mr Lakhani, Designated Premises Supervisor, Mr Hester (Counsel for Clovelly Post Office and Stores) 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 current DPS would be removed from the position of DPS at his East Street premises and would be solely responsible for the Clovelly Post Office and Stores premises by 31/03/12 and complete a nationally recognised Level 2 DPS course within 3 months; and

(ii)  that the following conditions agreed with the police as set out below  be attached to the licence:-

 

·  CCTV

The premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit;  The system should be able to cope with strobe lighting and all levels of illumination throughout the premises as well as outside areas;  All equipment shall have a constant and accurate time and date generation;  there shall be sufficient members of trained staff available during operating hours to be able to provide viewable copies on request of the police or local authority.  Any images recovered must be in a viewable format on ether disc or VHS;  The recording system will be able to capture a minimum of 4  

frames per second;  Records must be made on a weekly basis and kept for inspection to show that the system is functioning correctly and that data is being securely retained;  CCTV warning signs to be fitted in public places;  Recordings to be kept for a minimum of 28 days;  The DPS or premises manager must be able to demonstrate that the CCTV system has measures to prevent recordings being tampered with ie password protected;  In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS must report the failure to the Southampton Police Licensing Unit.

 

·  Challenge 25

There will be a Challenge 25 policy operated at the premises.  Challenge 25 meaning  that the holder of the premises licence shall 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 that person.

 

·  Training

Staff are trained regarding appropriate precautions to prevent the sale of alcohol to persons under the age of 18;  signs and symptoms of drunk persons, refusal of sale  ...  view the full minutes text for item 73.

74.

Application for a Review of a Premises Licence - Pig and Whistle, 108 Shirley Road, Freemantle, SO15 3FD pdf icon PDF 7 MB

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 Pig and Whistle, 108 Shirley Road, Freemantle, SO15 3FD, attached.

 

Minutes:

 

The Sub-Committee considered the application for a review of a premises licence in respect of the Pig and Whistle, 108 Shirley Road, Freemantle, SO15 3FD.  (Copy of the report circulated with the agenda and appended to signed minutes).

 

Mr C Johnson, Premises Licence Holder Ms L Barnes, Designated Premises Supervisor, and PC Lindley, 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 current DPS would compete a nationally recognised Level 2 DPS course within 3 months;  and

(ii)  that the following conditions agreed with the police as set out below be attached to the licence.

 

·  CCTV

The premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit. The system should be able to cope with strobe lighting and all levels of illumination throughout the premises as well as outside areas.

CCTV warning signs to be fitted in public places.

The CCTV system must be operating at all times whilst the premises are open for licensable activity. All equipment shall have a constant and accurate time and date generation.

The recording system will be able to capture a minimum of 4 frames per second and all recorded footage must be securely retained for a minimum of 28 days.

Records must be made on a weekly basis and kept for inspection to show that the system is functioning correctly and that data is being securely retained.

The DPS or premises manager must be able to demonstrate that the CCTV system has measures to prevent recordings being tampered with, i.e. password protected.

There shall be sufficient members of trained staff at the on request of the Police or local authority. Any images recovered must be in a viewable format on either disc or VHS. Footage supplied in a digital format on CD or DVD will also have a copy of the CCTV system software enabled on the disc to allow playback. In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Southampton Police Licensing Unit.

 

 

 

·  Toilet Checks

The public toilets within the premise shall be checked every 30 minutes when the premises are open for a licensable activity. A record shall be kept by the premise and presented on request by Hampshire constabulary. Toilet check records shall be kept for a minimum period of 3 months.

 

·  Incident Book

An incident book will be provided and maintained at the premises. It will remain on the premises at all times and will be available to police for inspection upon request.

Any incidents that include physical altercation or disorder, physical ejection, injury, id seizure or drug misuse will be recorded in the incident book. The entry is to include an account of the incident and the identity of all person(s) involved (or  ...  view the full minutes text for item 74.

75.

Application for a Review of a Premises Licence - Windsor Castle, 95 Shirley High Street, SO16 4EX pdf icon PDF 8 MB

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 Windsor Castle, 95 Shirley High Street, SO16 4EX, attached.

Minutes:

 

The Sub-Committee considered the application for a review of a premises licence in respect of Windsor Castle, 95 Shirley High Street, SO16 4EX.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Mr McKennan, Area Manager, Admiral Taverns (750) Ltd, Ms Moulsdale, Designated Premises Supervisor, Mr W Rathore (Solicitor for Admiral Taverns (750)  Ltd) and PC Lindley, 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 following conditions agreed with the police as set out below be attached to the licence.

(ii)  that the current Designated Premises Supervisor, Patricia Moulsdale, attend a nationally recognised Level 2 DPS course, to be completed within three months of the date of these conditions being added to the premises licence coming into force

 

·  CCTV

The premises shall have sufficient cameras located within the  premises to cover all public areas including the entrance and exit of the premises.  The system should be able to cope with strobe lighting and all levels of illumination throughout the premises as well as outside areas.

CCTV warning signs to be fitted in public places.

The CCTV system must be operating at all times whilst the premises are open for licensable activity.  All equipment shall have a constant and accurate time and date generation.

The recording system will be able to capture a minimum of 4 frames per second and all recorded footage must be securely retained for a minimum of 28 days.

Records must be made on a weekly basis and kept for inspection to show that the system is functioning correctly and that data is being securely retained.

The DPS or premises manager must be able to demonstrate that the CCTV system has measures to prevent recordings being tampered with, e.g. password protected.

There shall be sufficient members of trained staff at the premises during operating hours to be able to provide viewable copies on request of the Police or local authority.  Any images recovered must be in a viewable format on either disc or VHS.  Footage supplied in a digital format on CD or DVD will also have a copy of the CCTV system software enabled on the disc to allow playback.

In the event of technical failure of the CCTV equipment the DPS or premises manager MUST report the failure to the Southampton Police Licensing Unit.  Licensing activities may continue with the permission of Hampshire Police Licensing Unit, pending any repairs to the system.

 

·  Incident Book

An incident book will be provided and maintained at the premises.  It will remain on the premises at all times and will be available to police for inspection upon request. 

Any incidents that include physical altercation or disorder, physical ejection, injury, id seizure or drug misuse will be recorded in the incident book.  The entry is to include an account of the  ...  view the full minutes text for item 75.