Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Wednesday, 6th April, 2016 6.00 pm

Venue: Conference Room 3 - Civic Centre. View directions

Contact: Karen Wardle - Democratic Support Officer  023 8083 2302

Items
No. Item

38.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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

 

39.

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 parties to the hearing, 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 parties to the hearing, press and public be excluded at a predetermined point whilst the Sub-Committee reaches its decision.

 

40.

Application for a Premises License - JD Wetherspoon, 448 Bitterne Road Precinct, Southampton SO18 5EF pdf icon PDF 5 MB

Report of the Service Director, Legal and Governance detailing an application for a premises licence in respect of JD Wetherspoon, 448 Bitterne Road Precinct, Southampton SO18 5EF, attached.

 

Minutes:

The Sub-Committee considered an application for a premises licence in respect of JD Weatherspoon, 448 Bitterne Road Precinct, Southampton SO18 5EF.

 

Chris Relch, Nigel Connor (Applicant) and Mr Lawrence (speaking on behalf of Mrs Lawrence, 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 the Licensing Act (Hearings) Regulations 2005.

 

RESOLVED that the application for a premises licence be granted.

 

After private deliberation the Sub-Committee reconvened and the Chair read the following decision:-

 

All parties will receive formal written confirmation of the decision and reasons.

 

The Sub-Committee has considered very carefully the application for a premises licence at JD Weatherspoon, 448 Bitterne Road Precinct, Southampton SO18 5EF. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. 

 

The Sub-Committee considered the representations, both written and given orally today, by all parties. Human rights legislation has been borne in mind whilst making the decision.

 

Although the residential objector was unable to attend, by agreement of all parties she was represented by her brother, Mr Lawrence.

 

As a result, and in consideration of all the above, the Sub-Committee has determined that the application should be approved, as amended and in accordance with the conditions agreed with Hampshire Constabulary.

 

Reasons

 

The Sub-Committee noted that no representation had been received from any of the responsible authorities.  The police had agreed conditions to be added to the operating schedule and a change to the hours for supply of alcohol, late night refreshment and the opening hours.  Those additional conditions related to: CCTV, incident book, refusals register, proof of age, door staff and dispersal policy.

 

The Committee considered the residential objection, however this fails to show any evidential link between the concerns raised and this premises.  The Sub-Committee is only able to consider objections raised on the application and on this occasion this amounted to one resident.

 

However, local residents can be reassured that in the event that the grant of the licence does in fact lead to issues of concern, relevant to the licensing objectives, a review may be initiated where evidence of the same can be considered and may result in appropriate steps being taken to address them.  This can be done by a local resident or a ward Councillor as well as any of the responsible authorities.

 

There is a right of appeal for all parties to the Magistrates’ Court.  Formal notification of the decision will set out that right in full.