Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee
Wednesday, 24th October, 2018 9.30 am

Venue: Council Chamber - Civic Centre. View directions

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

Items
No. Item

21.

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.

22.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 52 KB

To approve and sign as a correct record the Minutes of the meeting held on 10 October 2018 and to deal with any matters arising.

Minutes:

RESOLVED that the minutes of the Meeting held on 10 October 2018 be approved and signed as a correct record.

23.

Exclusion Of The Press And Public - Legal Advice

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

24.

Exclusion Of The Press And Public

Chair 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 item 8 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules. The information contained therein is potentially exempt as it relates to individual personal details and information held under the Data Protection Act 1998. Having applied the public interest test it is not appropriate to disclose this information as the individuals' legal expectation of privacy outweighs the public interest in the exempt information.

 

 

Minutes:

RESOLVED that having applied the public interest test and in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 it was not appropriate to disclose this information as the individual’s legal expectation of privacy outweighed the public interest in the exempt information.  Accordingly the press and public were excluded from the hearing.

25.

PERSONAL LICENCE HOLDER

Report of the Services Director – Transactions and Universal Services seeking determination of suitability of a specific individual to continue to be licensed as a personal licence holder following relevant convictions being disclosed to the Licensing Authority.

Minutes:

The Sub-Committee considered the report of the Service Director of Transactions and Universal Services to determine whether to suspend or revoke a personal licence following notification of relevant convictions.

 

The Sub-Committee determined to proceed in the absence of the personal licence holder. No correspondence or communication had been received from the licence holder although there had been suitable attempts to make contact by the Licensing Authority.

 

The Licensing Enforcement Officer and Hampshire Constabulary were present and with the consent of the Chair addressed the meeting.

 

The Sub-Committee considered very carefully all the evidence presented by the parties. 

 

The Sub-Committee considered all the facts and decided to revoke the personal licence.

 

It was determined that in light of the reasons for the previous decision to exclude the press and public from the hearing, the reasons for the decision ought not to be published.

26.

Exclusion of the Press and Public

Chair 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 item 10 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules. The information contained therein is exempt due to the 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 that having applied the public interest test and in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 it was not appropriate to disclose this information due to the sensitive details of an ongoing police investigation.  Accordingly the press and public were excluded from the hearing.

27.

APPLICATION FOR REVIEW OF PREMISES LICENCE - SEYMOUR'S WINE BAR, CARLTON HOUSE, 1 CARLTON PLACE, SOUTHAMPTON, SO15 2DZ

Application for a review of the premises licence in respect of - Seymour's Wine Bar, Carlton House, 1 Carlton Place, Southampton, SO15 2DZ

Minutes:

The Sub-Committee considered the confidential report for an application for review of a premises licence. 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 heard that the premises had had a change of ownership and was currently shut and determined that the hearing should be adjourned to 30 November 2018 to allow all parties to be present.  It was noted that the premises would remain shut in the meantime.