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Election Of Chair To appoint a Chair for the purposes of this meeting. Minutes: RESOLVED that Councillor Tucker be elected as Chair for the purposes of this meeting. |
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Minutes Of The Previous Meeting (Including Matters Arising) PDF 24 KB To approve and sign as a correct record the Minutes of the meeting held on 3 July 2014 and to deal with any matters arising, attached. Minutes: RESOLVED that the minutes of the meeting held on 3 July 2014 be approved and signed as a correct record. |
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Exclusion Of The Press And Public 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 hearing, press and public be excluded at a predetermined point whilst the Sub-Committee reaches its decision. |
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Report of the Head of Legal and Democratic Services, detailing an application for a premises licence in respect of Roosters Piri Piri, 25 London Road, Southampton SO15 2AD, attached. Minutes: The Sub-Committee considered the application for a premises licence in respect of Roosters Piri Piri, 25 London Road, Southampton SO15 2AD.
Mr P Day (Solicitor), Mr T Thilliaiyampalam (Applicant), PC Conway and PC Cherry (Hampshire Constabulary) 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 (Hearing) Regulations 2005.
RESOLVED that the application, as amended be approved and that the agreed conditions be imposed in full.
After private deliberation the Sub-Committee reconvened and the Chair read the following decision:-
All parties will receive formal written confirmation of the decision and reasons.
The Sub-Committee has considered very carefully the application for a premises licence at Roosters Piri Piri, 25 London Road. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy, in particular the Cumulative Impact Policy.
The Sub Committee considered representations, both written and given orally today, by all parties and has been taken into account. Human rights legislation has been borne in mind whilst making the decision.
At the commencement of the proceedings the Sub-Committee heard from the applicant’s solicitor and from the police that discussions between them have resulted in a compromise proposal acceptable to both parties, namely;
Monday to Thursday 23.00 hours to 0100 hours Friday to Saturday 23.00 hours to 03.00 hours Sunday 23.00 to midnight
Reference to non standard timings were deleted.
“from 23 00 hours to 03.15 hours on a Friday and Saturday, or until all customers have departed and dispersed from the immediate area of the premises, whichever is earlier on every Friday and Saturday night.”
For the avoidance of doubt the remainder of the condition remains unchanged.
The Sub-Committee then heard from Hampshire Constabulary’s representative that the police confirm their acceptance of, and agreement to the proposal, and on this basis, no longer object to the application.
Legal advice was accepted by the Sub-Committee in relation to the Cumulative Impact Policy. It was noted that the premises is located within the boundary of a previously identified stress area, and is subject to the provisions of the formally adopted Cumulative Impact Policy “CIP” (adopted 13 May 2009, confirmed upon review 17 November 2010) that applies to that area.
The Committee noted in particular that:-
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Report of the Head of Legal and Democratic Services, detailing an application for a variation of a premises licence in respect of Best One, 66-67 St. Mary Street, Southampton SO14 1NW, attached. Minutes: The Sub-Committee considered the application for variation of a premises licensing in respect of Best One, 66-67 St. Mary Street, Southampton SO14 1NW.
Mr A Khushdil (Applicant), Mr R Tutt (Counsel), PC Conway and PC Cherry (Hampshire Constabulary) 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 (Hearings) Regulations 2005.
RESOLVED that the application be approved, as amended and that an additional condition be imposed on the licence.
After private deliberation the Sub-Committee reconvened and the Chair read the following decision:-
All parties will receive formal written confirmation of the decision and reasons.
The Sub-Committee has considered very carefully the application for a variation of a premises licence at Best One, 66-67 St Mary Street. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. Human Rights Legislation has been borne in mind whilst making this decision.
All the evidence presented both written and given orally today, has been carefully considered and taken into account.
The Sub-Committee noted in particular the concerns expressed by the police regarding the training that had been provided by the applicant to his staff in the light of the serious perceived problems with the premises under the previous ownership. Further, that the police were concerned that the applicant appeared not to know the conditions of the premises licence when he initially took over, by displaying alcohol for sale whilst the CCTV was not functioning.
It noted the assurances given by the applicant regarding the training that he had provided to his staff since taking over the business, and that he was arranging for a formal training package to be provided as soon as possible.
The Sub-Committee considered the evidence of crime and disorder in the area provided by the police but noted the majority did not involve the premises and the incidents that did either pre-dated, or may have occurred on the actual date that the applicant took over the business.
The Sub-Committee noted the evidence given by the applicant that he intended to make a clean break with the conduct of previous owners with whom he has no connection and his intention to work with the local community and authorities to run his premises, in accordance with the law and best practice.
The Sub-Committee also noted the confirmation given to them by the police that they were not aware of any incidents relating to the premises since they were taken over by the applicant, but also recognise that this is a short period.
Having weighed up all the evidence provided the Sub-Committee has decided:
Single cans of alcoholic beverages shall not be sold.
Reasons
In the light of ... view the full minutes text for item 9. |