Agenda and draft minutes

Licensing (Licensing and Gambling) Sub-Committee
Thursday, 23rd November, 2017 9.30 am

Venue: Committee Room 1 - Civic Centre. View directions

Contact: Emily Goodwin/Pat Wood - Democratic Support Officer  023 8083 2302

Items
No. Item

19.

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.

20.

Minutes Of Previous Meetings (Including Matters Arising) pdf icon PDF 27 KB

To approve and sign as a correct record the Minutes of the meetings held on 27 September 2017 and 11 October 2017 and to deal with any matters arising.

Additional documents:

Minutes:

RESOLVED that the minutes of the meetings held on 27 September 2017 and 11 October 2017 be approved and signed as a correct record.

21.

Exclusion of the Press and Public

This report includes details and information that is classed as exempt from publication in accordance with the Council's Constitution and specifically Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules due to the identification of individuals and sensitive details of an ongoing police investigation. Accordingly, the report has not been published at this stage. In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, members shall be able to determine whether to exclude the public from all or any part of the hearing after consideration of the public interest.

Minutes:

RESOLVED

(i)  that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the meeting; and

(ii)  that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the parties to the hearing be excluded at a predetermined point whilst the Sub-Committee reaches its decision.

22.

APPLICATION FOR REVIEW OF PREMISES LICENCE - BUDDHA LOUNGE, 3 WINCHESTER STREET, SOUTHAMPTON, HAMPSHIRE, SO15 2EL

Application for a review of the premises licence in respect of Buddha Lounge, 3 Winchester Street, Southampton, Hampshire, SO15 2EL.

Minutes:

The Sub-Committee considered the confidential report for an application for review of the premises licence in respect of Buddha Lounge, 3 Winchester Street, Southampton, SO15 2EL.

 

PC Sharon Conway and Collin Pollard (Hampshire Constabulary), Mr Islam and Mr Islam (Premises Licence Holders), and Mr Paredesi (Premises Licence Holder’s Solicitor) were present and with the consent of the Chair, addressed the meeting.

 

The press and public were excluded from the hearing in accordance with Regulation 14 of 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 additional condition be attached to the premises licence as amended during the course of the hearing.

 

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 Sub-Committee determined that the hearing should proceed with the press and public excluded.  This decision was made in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. The papers contain allegations relating to criminal offences and personal details and it was determined that the public interest in doing so outweighed the public interest in the hearing in accordance with Regulation 14.

 

The Sub-Committee has considered very carefully the application for review and representations by all the parties present at the hearing. It was noted that the parties had negotiated during the course of the consultation period and had reached agreement in relation to conditions that ought to be attached to the premises licence.

 

Due regard has been given to the provisions of the Licensing Act 2003, 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.

 

In light of all of the above the Sub-Committee has determined to attach an additional condition to the premises licence, the wording of which was set out in an email between the parties dated the 17 November 2017 and submitted at the hearing.  That email contained paragraphs numbered 1 to 8 which shall form the wording of a condition attached to the Premises Licence subject to the following amendment:

 

·  At paragraph 3 “as long as the request is lawful with regards to data protection legislation” shall be removed.

·  At paragraph 5 “shall be of a similar specification to those currently utilised by Hampshire Constabulary and as such”  shall be removed and the following wording shall be added to the end of the sentence “and of a specification agreed by the Police”

·  At paragraph 6 the following wording shall be added to the end of the sentence “or as required by conditions on the Licence”.

 

Reasons:

 

The Sub-Committee heard evidence from Hampshire Constabulary in relation to recent events of concern at the premises and in particular incidents involving Door Staff both within and outside the premises. 

 

However, the Police evidence was very much encouraging in relation to detailing significant engagement and ongoing co-operation with the  ...  view the full minutes text for item 22.