Agenda and minutes

To appoint a Chair for the purposes of this meeting.

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

To note any changes in the membership of the Sub-Committee made in accordance with the Licensing Act 2003.

The Sub-Committee noted that Councillor L Harris was in attendance as a nominated substitute for Councillor Thomas in accordance with Council Procedure Rule 4.3.

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 for premises licence in respect of Pound-Xtra, 106 St Marys Road, Southampton, SO14 OAN, attached.

The Sub-Committee considered the application for a premises licence in respect of  Pound-Xtra, 106 St Marys Road, Southampton, SO14 OAN.  (Copy of the report circulated with the agenda and appended to the signed minutes).

Mr Siraj, Applicant, Mr Hudson, Licensing Consultant for Applicant, PC Harris and Sgt Wood, Hampshire Constabulary, Mr Marshall, Trading Standards and Mr Lakhani, Resident/Local Businessman 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 refused.

REASONS

The Sub-Committee considered very carefully the application for a premises licence at Pound-Xtra, 106 St Marys Road, Southampton, SO14 OAN 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 listened carefully to the evidence for the premises licence holder. However, this was outweighed by the strength of the evidence presented by the Police, Trading Standards and Mr Lakhani, relating to the continuing involvement and influence of the previous owners and DPS at the premises. 

It was noted that the premises had previously been the subject of two reviews resulting in the revocation of the premises licence which was accepted as fact by all parties.  Trading Standards in their evidence stated the issues at the premises were some of the worst breaches of the Licensing Act 2003 experienced in Southampton.  For this reason the Sub-Committee was particularly concerned about the potential for the continuing involvement of those responsible for previous breaches at the premises.

The Sub-Committee were particularly concerned that the staff employed at the premises were the same three staff employed by the previous owners and that one of the three had been directly responsible for an underage sale of alcohol.

Pound-Xtra was a particularly troubled premises historically suffering from sales of counterfeit alcohol and underage sales which the Sub-Committee considered to be amongst the most serious type of breach of the Licensing Act 2003.  The fact that the same staff remained at the premises, coupled with the fact that the applicant was currently living and working in Sheffield and had no real experience of running a business of this type caused considerable concern, albeit that he was in the process of working towards attaining a Personal Licence.

Evidence raised considerable concerns regarding the legitimacy of the transfer of the business to the applicant and the issues are briefly set out as follows:-

• a previous attempt to purportedly transfer a half share of the business and application made for a premises licence resulting in an objection from the Police and Trading Standards, led to withdrawal of that application;
• that a further transfer of half the business was made and subsequently only amended to show a full transfer  ...  view the full minutes text for item 80.