Agenda and minutes

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

To approve and sign as a correct record the Minutes of the meetings held on 20 and 27 April 2016 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meetings held on 20 and 27 April be approved and signed as a correct record.

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.

Application for a variation of a Premises Licence in respect of Buddha Lounge, Unit 3, Winchester Street, Southampton SO15 2EL, attached.

The Sub-Committee considered the application for variation of a Premises Licence in respect of Buddha Lounge, Unit 3, Winchester Street Southampton SO15 2EL.

David Lee (Solicitor), Sirijul Islam and Sayful Islam (Applicant), Lorraine Barter (also representing Mr Stewart Morris), Denis Bundy (Local Residents) 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 variation for the premises licence be granted subject to an additional condition.

After private deliberation the Sub-Committee reconvened and the Chair read out 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 variation of a premises licence at the Buddha Lounge, Unit 3, Winchester Street, Southampton SO15 2EL.  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 was borne in mind whilst making the decision.

The Sub-Committee considered representations, both written and given orally today.

The Sub-Committee noted that the premises are located within an area identified as suffering from high levels of crime and disorder and labelled as a Cumulative Impact Stress Area.  The Sub-Committee considered the Cumulative Impact Policy and particularly paragraph 7.9 and whether the application was a “substantial” variation.  Having considered all the facts the Sub-Committee determined that the application did amount to a substantial variation and that the rebuttable presumption would apply in this case.  This decision was based on the fact that this licence would be amended to increase hours and a small increase in capacity.

The Committee noted in particular that:-

• one effect of the CIP is that a rebuttable presumption applies to applications for premises licences.
• The rebuttable presumption is that such applications shall ordinarily be refused
• Licensing Policy CIP2 7.12 provides that the onus is upon applicants to demonstrate through their Operating Schedule and where appropriate supporting evidence that the operation of the premises will not add to the cumulative impact already being experienced.

Having considered all of the above the Sub-Committee has determined to grant the application subject to an additional condition as follows:

The premises licence holder shall ensure that any SIA registered door staff on duty at the premises, as required by previous condition, shall remain on duty for at least 30 minutes after closing to ensure the dispersal policy is properly implemented and that patrons leave the vicinity in a controlled manner.

Reasons

The Sub-Committee considered very carefully the application and all the representations, particularly those of residents.  It was noted that the residential objections raised general concerns in relation to crime and disorder experienced in the area.  Indeed, the evidence shown is the very reason behind the specific policy adopted.  Two residents are located on Harborough Road and one resident lives particularly close to the premises.  Whilst it was noted that the proposed application would result in the premises  ...  view the full minutes text for item 56.