Agenda and minutes

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Items
No. Item

47.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

RESOLVED that Councillor Cunio be elected Chair for the purposes of this meeting.

 

48.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 57 KB

To approve and sign as a correct record the Minutes of the meeting held on 20th September 2012 and to deal with any matters arising, attached.

Minutes:

 

RESOLVED  that the Minutes of the meeting held on 20th September 2012 be signed as a correct record.  (Copy of the minutes circulated with the agenda and appended to the signed minutes).

 

49.

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 reached its decisions.

 

 

50.

Application for Review of Premises Licence - Rhino, Waterloo Terrace, Southampton, SO15 2AL pdf icon PDF 18 MB

 

Report of the Head of Legal, HR and Democratic Services, detailing an application by Hampshire Constabulary for review of a premises licence in respect of Rhino, Waterloo Terrace, Southampton, SO15 2AL, attached.

Minutes:

 

The Sub-Committee considered the application for review of premises licence in respect of Rhino, Waterloo Terrace, Southampton, SO15 2AL.  (Copy of report circulated with the agenda and appended to the signed minutes).

 

PS Wood and PC Harris, Hampshire Constabulary, Mr Felgate, Premises Licence Holder, Mr Bailey, Designated Premises Supervisor and Mr Weston, Counsel for Premises Licence Holder, 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:-

 

(i)  the following conditions, agreed between the parties, and as detailed on pages 93 and 94 of the bundle, be attached to the licence:-

 

·  CCTV

·  ID Scanner

·  Crime Mapping

·  Refusals Book

·  Incident Book

·  Staff Training

·  Challenge 25;  and

 

(ii)  the following additional conditions be attached to the licence:-

 

·  the DPS shall complete a nationally recognised Level 2 DPS course, if not already so attained, within 6 months of notification of the decision and any subsequent DPS shall attain such qualification within 6 months of appointment;  and

 

·  last admission to the premises shall be at 02h30, seven days a week, for patrons.  For clarification, last admission does not include those who may exit or re-enter the premises due to the smoking legislation.

 

REASONS

 

The Sub-Committee considered very carefully all of the evidence and in particular considered which steps, if any, were necessary and appropriate in accordance with the legislation and the terms of the guidance.

 

The Sub-Committee stressed that it held very real concerns with regards the evidence relating to violence, drug use, theft and anti-social behaviour/nuisance either at or within the vicinity of the premises. It considered very carefully the evidence presented by the police. It noted issues raised for the premises licence holder regarding comparison of that

evidence with another premises and the number of incidents that might show good practice or may be recorded and included without showing a causal link directly to licensable activities at the premises. Nonetheless and in spite of those issues, the Sub-Committee found that there was a disproportionate level of problems regarding in particular crime and disorder and public nuisance at this premises which it took very seriously. At the same time, the Sub-Committee carefully noted the extent of co-operation shown by the premises, including appointment of an alternative DPS and implementation/agreeing to all of the suggested conditions put forward by the police. A significant factor taken into account by the Sub-Committee in reaching its decision was the relatively short period of time that had elapsed since those changes were put into place.  Accordingly the Sub-Committee found that those steps had not yet been fully tested and in all the circumstances, ought to be given a full opportunity to operate in order to properly assess whether it was appropriate and necessary to either reduce the terminal hour at the premises or introduce a last entry time as suggested by the police of 02h00.

 

The Sub-Committee accepted legal advice that in the  ...  view the full minutes text for item 50.