Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED that Councillor Cunio be elected Chair for the purposes of the meeting.

To approve and sign as a correct record the Minutes of the meeting held on 9^th November 2012 and to deal with any matters arising, attached.

RESOLVED that the Minutes of the meeting held on 9^th November 2012 be signed as a correct record.   (Copy of the minutes circulated with the agenda and appended to the signed minutes).

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 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.

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the press and public be excluded at a predetermined point whilst the Sub-Committee reached its decisions.

Report of the Head of Legal, HR and Democratic Services detailing an application to vary a premises licence in respect of Pizza Chicken Kebab Hot 2 You, 1A Bedford Place, Polygon, Southampton, SO15 2BY, attached.

The Sub-Committee considered the application for a premises licence in respect of Pizza Chicken Kebab Hot 2 You, 1A Bedford Place, Polygon, Southampton, SO15 2BY.  (Copy of  report circulated with the agenda and appended to the signed minutes).

PC Harris, PC Wood and PC Conway, Hampshire Constabulary, Mr Mohammed, Applicant (Owner), and Ms Sharma, Counsel for Applicant 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 2003 (Hearings) Regulations 2005.

RESOLVED that the application to vary the premises licence be refused.

REASONS

The Sub-Committee  considered the application to vary a premises licence at Pizza Chicken Kebab Hot 2 You and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted statement of Licensing Policy, human rights legislation and the evidence submitted by all parties, both written and given orally today.

The Sub-Committee particularly noted  the following points raised by the applicant:-

1  breaches regarding trading outside the hours permitted dated back to December 2010;

2  despite two previous reviews and concerns raised there might have been difficulty with regards to language and understanding the licence;

3  SIA security guards assisted the police in preventing crime and disorder;

4  the number of incidents in the immediate vicinity of the premises,  specifically relating to Bedford Place and the premises in particular;

5  extension of SIA staff hours would maintain the current position or reduce the impact of the premises;

6  an increase in hours was not to target those leaving the area but to bring the premises in line with others trading later, without door staff or CCTV conditions;

7  there was a considerable difference between Friday and Saturday and Tuesday nights (being a student night); 

8  that as of today the applicant had installed an upgraded CCTV system to enable better compliance with conditions;  and

9  the financial impact.

In considering the above, the Sub-Committee balanced evidence presented by the police confirming that despite two previous reviews of the premises, the latest  being in April 2011, the premises continued to fail to comply with conditions attached to the licence, specifically relating to the maintenance and inspection of CCTV and the production of CCTV when required.  It was also noted that police evidence showed that the conditions attached to the licence had been provided in writing in the applicant’s first language.

Whilst it was accepted that other premises might have longer trading hours and no requirement for door staff or CCTV, the Sub-Committee considered it a relevant factor that those specific requirements had been placed upon the premises due to specific issues previously identified relating to the premises.  The Sub-Committee concluded that the fact that the conditions had resulted in a lower number of incidents at this particular premises, showed that the conditions imposed were having a positive effect on the prevention of crime and disorder at the premises and in the immediate vicinity.  It was felt  ...  view the full minutes text for item 69.

Report of the Head of Legal, HR and Democratic Services detailing an application for a premises licence in respect of Hollyoak Stores 25-33 Holly Oak Road, Southampton, SO16 5GB, attached.

The Sub-Committee considered the application for a premises licence in respect of Hollyoak Stores, 25-33 Holly Oak Road, Southampton, SO16 5GB.  (Copy of report circulated with the agenda and appended to the signed minutes).

PC Harris and PC Conway, Hampshire Constabulary, Mr and Mrs Bhakar, Applicants, Mr Spink, Counsel for Applicant, Mrs Brazil, Mrs Castle and Miss Martinez, Residents and Councillor Thomas, Ward Councillor 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 2003 (Hearings) Regulations 2005.

RESOLVED that the application for a premises licence be granted in the terms sought and subject to:-

1. agreed conditions relating to CCTV, Training, Challenge 25, Refusals Log, Till System, Incident Book, Storage and Staffing - as detailed on pages 25-27 of the report, and
2. subject to the following conditions where they differ to those set out within the report on pages 26 and 27 of the bundle.  All those other conditions set out as listed above shall be applied to the licence as indicated in the report:-

3. no sales of alcohol shall take place in accordance with the license hereby granted until all the conditions have been fully implemented and approval of the signage is obtained in writing.

REASONS

The Sub-Committee  considered the application for a premises licence at Hollyoak Store and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted statement of Licensing Policy, human rights legislation and the evidence submitted by all parties, both written and given orally today Hampshire Constabulary, residents and the applicant.

The Sub-Committee also considered evidence submitted late, but none the less in advance of the hearing.

It was noted that the Police held no objection in relation to the applicant who had been willing to provide extensive conditions.  The Sub-Committee also noted that in this case, residents were both supportive as well as objecting to the grant of the premises licence.

In considering the evidence of the  ...  view the full minutes text for item 70.