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 Panel noted that Councillor Thomas was in attendance as a nominated substitute for Councillor Spicer in accordance with Council Procedural Rule 4.3

To approve and sign as a correct record the Minutes of the meeting held on 14^th February 2013 and to deal with any matters arising, attached.

RESOLVED that the Minutes of the Meeting held on 14^th February 2013 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 for variation of a premises licence in respect of Café Parfait, 194 Above Bar Street, Bargate, SO14 7JN, attached.

The Sub-Committee considered the application to vary a premises licence in respect of Café Parfait, 194 Above Bar Street, Bargate, SO14 7JN.  (Copy of report circulated with the agenda and appended to this signed minutes).

Mr Gilbert, Owner, Mr Sims General Manager, Mr Peyiazis, Objector and Mr Morris, Solicitor for the objector 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 a premises licence be granted subject to:-

1. The following conditions agreed with the police as detailed on pages 26, 27 and 28 of the bundle:-
   • Qualified first aider
   • Welfare/first aid room
   • Club nanny/floorwalker
   • Toilet checks
   • Training
   • Dispersal policy;  and

2. that an exception to the current licensing condition regarding the use of polycarbonate glassware be introduced, specifically to include the use of Corona and Desperados.  The products/brands to be approved in writing by the Hampshire Police Licensing team.

REASONS

The Sub-Committee considered the application to vary a premises licence at Café Parfait 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, including the additional photographs produced by the objector and agreed by the applicant.

The Sub-Committee noted that the variation sought to extend the opening hours, the licensable activities at the premises, to change the licensable activities on New Years Eve and introduce an exception to the current licensing condition regarding the use of polycarbonate glassware.  The Sub-Committee further noted that the applicant had agreed conditions with the police

The Sub-Committee considered very carefully all of the evidence and in particular considered which steps, if any, were necessary and appropriate in accordance with the legislation and the terms of the guidance.

The Sub-Committee noted the extent of co-operation shown by the premises with the police.

The Sub-Committee considered very carefully the objector’s concerns and gave due weight to his representation.  However, it was felt that the above agreed conditions would be sufficient and appropriate measures, if properly implemented, to address those issues.