Agenda and minutes

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Contact: Sharon Pearson- Democratic Support Officer  023 8083 4597

Items
No. Item

71.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

 

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

 

 

72.

Disclosure Of Personal And Pecuniary Interests

In accordance with the Localism Act 2011, and the Council’s Code of Conduct, Members to disclose any personal or pecuniary 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.

73.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 62 KB

To approve and sign as a correct record the Minutes of the meeting held on 29th November 2012 and to deal with any matters arising, attached.

Minutes:

 

RESOLVED that the Minutes of the Meting held on 29th November 2012 be signed as a correct record.  (Copy of the minutes circulated with the agenda and appended o the signed minutes).

 

 

74.

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 pres and public be excluded at a predetermined point whilst the Sub-Committee reached its decisions.

75.

Application for Premises Licence - Khan International Supermarket, 179-181 Shirley Road, Southampton, SO15 3FG pdf icon PDF 4 MB

 

Report of the Head of Legal, HR and Democratic Services, detailing an application for a Premises Licence in respect of Khan International Supermarket, 179-181 Shirley Road, Southampton, SO15 3FG, attached.

Minutes:

 

The Sub-Committee considered the application for a premises licence in respect of Khan International Supermarket, 179-181 Shirley Road, Southampton, SO15 3FG.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Mr Thangavel, Premises Licence Holder/Applicant, Mr Sarma, family member, Mr Hudson, Licensing Consultant for Applicant, PC Conway and PC Smith, 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.

 

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

 

  1. the conditions outlined in the operating schedule and in addition, as detailed in the police representation.  NB – where the police conditions repeat or contradict those set out in the operating schedule, the police conditions shall prevail; and
  2. the following additional conditions:-
    • the premises licence holder shall ensure that the premises participate in any bottle-marking exercise or scheme as and when required by either the police or trading standards;  and
    • each and every sale of alcohol shall be directly supervised and authorised by either the Designated Premises Supervisor or a personal licence holder.

 

REASONS

 

The Sub-Committee considered very carefully the application for a premises licence at Khan International Supermarket and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted statement of Licensing Policy and Human rights legislation.

 

The Sub-Committee considered very carefully all the evidence  submitted by both parties, both written and given orally today, in particular that relating to crime and disorder in the immediate vicinity of the premises.  It was common ground that the area generally, suffered from a disproportionate level of anti-social behaviour including street drinking, litter and public nuisance.  However, despite these clear concerns the Sub-Committee noted a lack of direct evidence showing a causal link to any premises within the area as a result of sales of alcohol.

 

The argument advanced by the police was that in light of the nature and number of incidents in the area it necessarily followed that an additional premises supplying alcohol in the area would lead to an increase in those issues.  The Sub-Committee had grave concerns regarding the nature and number of the incidents reported, however, decided that in light of the lack of direct evidence, it was not appropriate to refuse the premises licence.

 

It was felt that on balance the above conditions would be sufficient and appropriate measures, if properly implemented, to address the anti-social behavioural issues and that it was appropriate that the conditions required additional control of alcohol sales than normally expected.

 

The Sub-Committee, whilst making this decision, took into account the ability to make representation in the future, which would lead, where evidence showed the premises were the cause of anti-social behaviour, to a review hearing where steps could be taken to address the issues.

 

 

 

 

 

76.

Application for Premises Licence - World Shop, 210-214 Shirley Road, Southampton, SO15 3FL pdf icon PDF 3 MB

 

Report of the Head of Legal, HR and Democratic Services, detailing an application for a premises licence in respect of World Shop, 210-214 Shirley Road, Southampton, SO15 3FL, attached.

Minutes:

 

The Sub-Committee considered the application for a premises licence in respect of World Shop, 210-214 Shirley Road, Southampton, SO15 3FL.  (Copy of the report circulated with the agenda and appended to the signed minutes).

 

Mr Hussein, Owner/Applicant, Mr Crier, Solicitor for the Applicant, PC Conway and PC Smith, 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.

 

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

 

  1. the conditions outlined in the operating schedule and in addition, as detailed in the police representation.  NB – where the police conditions repeat or contradict those set out in the operating schedule, the police conditions shall prevail; and

 

  1. the following additional conditions:-

·  each and every sale of alcohol be directly supervised and authorised by either the Designated Premises Supervisor or a personal licence holder;

·  sales of single cans of alcohol shall be prohibited unless part of a basket of goods other than alcohol;

·  the sale of alcohol shall only be permitted between the hours of 09h00 and 23h00 daily;

·  all alcohol shall not be visible or accessible to customers during hours that the premises may be open but not licensed for the sale of alcohol;  and

 

  1. the premises licence holder be recommended to implement the policy requiring a security guard on the premises between the  hours of 14h00 to 23h00.

 

REASONS

 

It was noted that the nature of the objection raised by the police and much of the evidence submitted directly mirrored that relating to a previous application heard immediately prior to this matter.  The reasons set out below therefore draw the same conclusions, albeit that the Sub-Committee considered each application on its own merits.

 

The Sub-Committee considered very carefully all the evidence presented, in particular that relating to crime and disorder in the immediate vicinity of the premises.  It was common ground that the area, generally, suffered from a disproportionate level of anti-social behaviour including street drinking, litter and public nuisance.  However, despite these clear concerns the Sub-Committee noted a lack of direct evidence showing a causal link to any premises within the area as a result of sales of alcohol.

 

The argument advanced by the police was that in light of the nature and number of incidents in the area it necessarily followed that an additional premises supplying alcohol in the area would lead to an increase in those issues.  The Sub-Committee had grave concerns regarding the nature and number of the incidents reported, however, felt that in light of the lack of direct evidence, it was not appropriate to refuse the premises licence.

 

It was felt that on balance the above conditions would be sufficient and appropriate measures, if properly implemented, to address the anti-social behavioural issues and that it was appropriate that the conditions required additional control of alcohol sales than normally expected.

 

Whilst the reasons above closely matched those given previously,  ...  view the full minutes text for item 76.