Agenda and minutes

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Items
No. Item

43.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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

 

44.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 86 KB

To approve and sign as a correct record the Minutes of the meeting held on 30 March 2017 and 5 April 2017 and to deal with any matters arising, attached.

Minutes:

RESOLVED that the minutes of the meetings held on 30 March 2017 and 5 April 2017 be approved and signed as a correct record.

 

45.

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.

 

46.

APPLICATION FOR GRANT OF A PREMISES LICENCE - TONY'S KEBAB CENTRE, SITE AT SPEEDWELL HOUSE, WEST QUAY ROAD, SOUTHAMPTON SO15 1GZ pdf icon PDF 3 MB

Application for grant of a premises licence in respect of Tony's Kebab Centre, Site at Speedwell House, West Quay Road, Southampton SO15 1GZ, attached.

Minutes:

The Sub-Committee waited until 9:45 to determine if the applicant would be present at the meeting.

 

The applicant having failed to attend the hearing the Sub-Committee was referred to regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005.  It was noted that the applicant had emailed the authority and was aware of the time and date of the hearing and had given no explanation for his failure to attend.  The one objector had arranged representation and a senior member of staff to attend the hearing.  The Sub-Committee heard that adjourning the hearing would lead to additional, significant cost for the objector.  Whilst noting that the applicants’ absence would mean an inability to present evidence or answer questions, the Sub-Committee none the less determined that the hearing should proceed.

 

The Sub-Committee considered the application for grant of a premises licence for Tony’s Kebab Centre, sited at Speedwell House, West Quay Road, Southampton SO15 1GZ.

 

Representing Richmond Hyundai Mr Clive Griffiths (Objector), Mr Mark Withers (Solicitor) and Ms Claudia Mihai (Solicitor), 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 grant of a premises licence for Tony’s Kebab Centre, sited at Speedwell House, West Quay Road, Southampton SO15 1GZ be refused.

 

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

 

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

 

The applicant having failed to attend the hearing the Sub-Committee was referred to regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005.  It was noted that the applicant had emailed the authority and was aware of the time and date of the hearing and had given no explanation for his failure to attend.  The one objector had arranged representation and a senior member of staff to attend the hearing.  The Sub-Committee heard that adjourning the hearing would lead to additional, significant cost for the objector.  Whilst noting that the applicants’ absence would mean an inability to present evidence or answer questions, the Sub-Committee none the less determined that the hearing should proceed.

 

The Sub-Committee has considered very carefully the application for a premises licence for Tony’s Kebab Centre, sited at Speedwell House, West Quay Road, Southampton SO15 1GZ.

 

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 (in particular the application documents and operating schedule). Human rights legislation has been borne in mind whilst making the decision. 

 

Having considered all the above evidence and after having heard from those present, the Sub-Committee has determined to refuse the Premises Licence.

 

 

Reasons

 

The Sub-Committee heard evidence from a business having control of sites on both sides of the site for the proposed premises licence.  The business is intending to invest between £2 and  ...  view the full minutes text for item 46.

47.

APPLICATION FOR REVIEW OF PREMISES LICENCE - BITTERNE EXPRESS, 27 ST. CATHERINES ROAD, SOUTHAMPTON SO18 1LL pdf icon PDF 6 MB

Application for a review of the premises licence in respect of Bitterne Express, 27 St. Catherines Road, Southampton SO18 1LL, attached.

Minutes:

The premises licence holder having failed to attend the hearing the Sub-Committee was referred to regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005.  The Sub-Committee heard that papers had been hand delivered to the premises notifying the premises licence holder of the hearing and had been posted to an address in London.  No contact had been made by the premises licence holder and the Sub-Committee adjourned whilst an attempt was made to telephone him.  Contact could not be made and having delayed the start of the meeting the Sub-Committee determined to proceed in the absence of the premises licence holder. 

 

The Sub-Committee considered the application for review of the premises licence at brought by Trading Standards and supported by Hampshire Constabulary and Public Health.

 

Lucas Marshall (Trading Standards), Alex Boucouvalas, (Hampshire Constabulary), and Sally Denley (Public Health) 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 for Bitterne Express, 27 St. Catherines Road, Southampton SO18 1LL to suspend the premises licence for a period of 3 months, to remove the designated premises supervisor and to impose the condition proposed by Hampshire Constabulary and annex 6 of the report, relating to high strength alcohol products.

 

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

 

 

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

 

The premises licence holder having failed to attend the hearing the Sub-Committee was referred to regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005.  The Sub-Committee heard that papers had been hand delivered to the premises notifying the premises licence holder of the hearing and had been posted to an address in London.  No contact had been made by the premises licence holder and the Sub-Committee adjourned whilst an attempt was made to telephone him.  Contact could not be made and having delayed the start of the meeting the Sub-Committee determined to proceed in the absence of the premises licence holder. 

 

The Sub-Committee has considered very carefully the application for review of the premises licence at Bitterne Express, 27 St. Catherines Road, Southampton SO18 1LL brought by Trading Standards and supported by Hampshire Constabulary and Public Health. 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 has been borne in mind whilst making this decision. 

 

All the evidence presented both written and given orally today, has been carefully considered and taken into account. The Sub-Committee particularly addressed itself to the licensing objectives for the prevention of crime and disorder and the protection of children from harm.

 

Having considered all of the above, and all the steps available under section 52, sub section 4, the Sub-Committee has decided to suspend the premises licence for a period of 3 months, to remove the designated premises supervisor and to impose the  ...  view the full minutes text for item 47.