Agenda and minutes

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

To approve and sign as a correct record the Minutes of the meetings held on 22, 29, and 30 March, 2016 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meeting held on 22, 29 and 30 March 2016 be approved and signed as a correct record.

To move that in accordance with the Council’s Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of any consideration of the following report.

This report contains information deemed to be exempt from general publication based on Categories 1 and 2 of paragraph 10.4 of the Council’s Access to Information Procedure Rules due to the identification of individuals and sensitive details of any ongoing police investigation. 

RESOLVED

(i)  that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the meeting in respect of viewing CCTV evidence disclosed by the Police in relation to Item 7 (minute no 44) and be invited to return immediately following private session; and

(ii)  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.

Confidential report of the Service Director, Legal and Governance detailing applications for Review and Summary Review of Premises Licence – Shield and Dagger, Stratton Road, Shirley, Southampton  SO15 5QZ, attached.

Following the Licensing (Licensing & Gambling) Sub-Committee Meeting on 20 April 2016 the Sub-Committee was satisfied that it was in the pubic interest that the report and appendix be published. 

Note:  this information was previously considered confidential and has not been published until after consideration of the item, in line with the advertised exclusion of press and public on the Agenda. 

The Sub-Committee considered applications for Review and Summary Review of a Premises Licence in respect of Shield and Dagger, Stratton Road, Shirley, Southampton  SO15 5QZ.

Jon Wallsgrove (Solicitor), Tony Cookson (Manager / Owner – Shield and Dagger), Christopher Kelly, Rob Kelly (Local Residents), Craig Hawkes (Hampshire Fire and Rescue Service) and PC Boucouvalas (Hampshire Constabulary) were present and with the consent of the Chair, addressed the meeting.

The Sub-Committee moved into confidential session to view CCTV evidence disclosed by the Police in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act (Hearings) Regulations 2005.

RESOLVED that the premises licence be amended to include all the conditions imposed at the interim steps hearings, save for the amendment of hours, DPS and SIA door supervisor conditions. That four additional conditions be imposed.

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

The Sub-Committee determined that the hearing should proceed with the press and public excluded at a pre-determined point, namely whilst CCTV evidence was shown.  This decision was made in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. It was heard that the CCTV footage showed and thereby identified individuals (unconnected third parties) and that accordingly it would not be in the public interest to disclose it more widely. In addition, it was noted that police investigations are also ongoing in relation to the incidents shown.

The Sub-Committee has considered very carefully the certificate of Superintendent Heydari, the application for summary review and the interim steps imposed at the previous Hearing.  In addition, the representations by all the parties present at the hearing as well as written representations were also fully taken into consideration.

It has given due regard to the provisions of the Licensing Act 2003, including the statutory licensing objectives, the statutory guidance and the City Council’s adopted statement of licensing policy. Human rights legislation has been borne in mind.

The Sub-Committee determined not to revoke the premises licence in this instance, despite holding very grave concerns about the nature of the incidents at this premises.  The Sub-Committee has determined to impose the following conditions:

All the conditions that were previously imposed at the interim steps hearings, save for the amendment of hours, DPS and SIA door supervisors conditions (for the avoidance of any doubt the provision for suspension is also removed).  This means that the following conditions shall remain on the premises licence; CCTV, incident book, refusals log, Challenge 25 and training. 

In addition, the Sub-Committee has determined to impose the following conditions:

1.  Customers are at no time to be permitted behind the bar at the premises whilst the premises licence is in force.

2.  Staff are not to consume alcohol or be under the influence of alcohol whilst on duty at the premises.

3.  Off duty staff must not go behind the bar or serve customers.  Staff shall also be trained on the distinction between being  ...  view the full minutes text for item 44.

Report of the Service Director, Legal and Governance detailing an application for a variation of a premises licence in respect of Martin McColls, Bedford Place Southampton, attached.

The Sub-Committee considered an application for a variation of a premises licence in respect of McColls, 71 Bedford Place, Southampton  SO15 2DS.

Professor Roy Light (Barrister), Simon Elliott (DPS / Branch Manager - McColls), Neil Graydon (Area Manager - McColls), Lorraine Barter and Mrs Barratt (Local Residents) 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 variation for a premises licence be granted as amended in agreement with the Police and subject to conditions.

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 variation of a premises licence at Martin McColls, 71 Bedford Place, Southampton SO15 2DS.  It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.  Human Rights legislation was borne in mind whilst making the decision.

The Sub-Committee noted that the premises are located within an area identified as suffering from high levels of crime and disorder and labelled as a Cumulative Impact Stress Area.  The Sub-Committee considered the Cumulative Impact Policy and particularly paragraph 16.7 and whether the application was a “substantial” variation.  Having very carefully considered the nature of this particular application and the fact that the application, if granted, would result in less licensable activity taking place overall, the Sub-Committee has determined that the application is not a substantial variation and accordingly that the rebuttable presumption does not apply.

The Sub-Committee considered representations, both written and given orally today.  It was noted that as a result of correspondence sent by the applicant, two representations had been withdrawn.

In light of the above the Sub-Committee has determined to approve the application as amended in agreement with the police (in relation to hours amendment to the CCTV condition regarding the memory stick etc. and the sale of single cans condition) and subject to conditions as set out in the report – namely, refusals book, Challenge 25, training, CCTV and location of spirits.

Reasons

The Sub-Committee noted very carefully the residential objections and the concerns raised in relation to crime and disorder experienced in the area.  Indeed, the evidence shown is the very reason behind the specific policy adopted.  However, it could not be ignored that the application would result in one less premises and an overall reduction in the hours during which the sale of alcohol is permitted.  Accordingly, it would appear perverse to refuse the application or impose further restrictions on the basis of the evidence of residents in the area.  It is suspected that this accounts for two of the residential objections having been withdrawn.

It is noted that the applicant had worked with the police and had presented a comprehensive set of very detailed conditions to be attached to  ...  view the full minutes text for item 45.