Agenda and minutes

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

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 any consideration of the following report.

This report contains information deemed to be exempt from general publication based on Categories 1 and 2 of paragraph 10.4 of the Council’s Access to Information Procedure Rules due to the identification of individuals and sensitive details of any ongoing police investigation. 

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 the press and public be excluded from the meeting in respect of any consideration of the following report.

It was noted that the report contains information ordinarily deemed to be exempt from general publication based on Categories 1 and 2 of paragraph 10.4 of the Council’s Access to Information Procedure Rules due to the identification of individuals and sensitive details of any ongoing police investigation. 

Confidential report of the Service Director, Legal and Governance detailing representations to interim steps pending Summary Review of Premises Licence – Shield and Dagger, Stratton Road, Shirley, Southampton  SO15 5QZ, attached.

The Sub-Committee considered representations to interim steps pending summary review of a premises licence, namely the Shield and Dagger, Stratton Road, Shirley, Southampton  SO15 5QZ.

Jon Wallsgrove (Blake Morgan Solicitors), PC Boucouvalas 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 steps be implemented pending the final summary review hearing including the amendment of conditions and requirements already imposed. 

After private deliberation the Sub-Committee reconvened and the Chair read out the following decision:-

The Sub-Committee determined that the hearing should proceed with the press and public excluded.

The Sub-Committee has considered very carefully the certificate of Superintendent Heydari, the application for summary review and the interim steps imposed at the previous Hearing.  In addition, the representations by the Premises Licence Holder leading to this hearing were also fully taken into consideration.

It has given due regard to the provisions of the Licensing Act 2003, including the statutory licensing objectives, the statutory guidance and the City Council’s adopted statement of licensing policy. Human rights legislation has been borne in mind.

The parties presented an agreement reached between them with regard to the amendment of a requirement imposed on the previous occasion, namely the removal of the designated premises supervisor.  The parties confirmed to the Sub-Committee that the requirement, it was agreed, ought to be replaced by a condition enabling the Designated Premises Supervisor (DPS) to remain in place, subject to requiring his presence at the premises on a Thursday, Friday and Saturday from 20:00 hours until the premises are closed.

On the basis of this submission the Sub-Committee determined not to hear further evidence from the parties (as suggested) and proceeded to ask questions.

Having considered all of the above the Sub-Committee has determined to replace the requirement imposed on the 22 March 2016 removing the DPS with the following condition:

1 The Designated Premises Supervisor (DPS) shall be present at the premises and on duty on Thursday, Friday and Saturday evenings from 20:00 hours until the premises has closed and all customers and staff have left the premises and dispersed from the immediate vicinity.  The DPS shall not consume alcohol nor be under the influence of alcohol whilst on duty at the premises in accordance with this condition.

Reasons:

The Sub-Committee heard from the parties that agreement had been reached and noted that in accordance with the statutory guidance, the police are to be considered experts and lead responsible authority in the area of the prevention of crime and disorder.  The Sub-Committee was reassured that conditions previously imposed shall remain and that the Premises Licence remains suspended until the Licensing Authority and Hampshire Constabulary have confirmed in writing that they are satisfied that the conditions are fully implemented or until the Hearing of the Summary Review. 

In addition to the wording agreed between the parties, the Sub-Committee has decided that it is  ...  view the full minutes text for item 33.