Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee
Friday, 30th November, 2018 9.30 am

Venue: Council Chamber - Civic Centre. View directions

Contact: Emily Goodwin/Pat Wood - Democratic Support Officer  023 8083 2302

Items
No. Item

32.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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

33.

Exclusion Of The Press And Public - Legal Advice

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.

34.

Exclusion Of The Press And Public

Chair 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 item 7 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules. The information contained therein is exempt due to the sensitive details of an ongoing police investigation.  Accordingly the report has not been published at this stage.  In accordance with the Licensing Act 2003 (Hearings) Regulations 2005 members shall be able to determine whether to exclude the public from all or any part of the hearing after consideration of the public interest.

 

Minutes:

RESOLVED that having applied the public interest test and in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 it was not appropriate to disclose this information as it contained sensitive details of an ongoing police investigation. Accordingly the press and public were excluded from the hearing.

 

35.

APPLICATION FOR A REVIEW OF PREMISES LICENCE - SEYMOUR'S WINE BAR, CARLTON HOUSE, 1 CARLTON PLACE, SOUTHAMPTON, SO15 2DZ (ADJOURNED FROM MEETING ON 24 OCTOBER 2018)

Application for a review of a premises licence in respect of Seymour's Wine Bar, Carlton House, 1 Carlton Place, Southampton, SO15 2DZ.

Minutes:

The Sub-Committee considered the application for a review of premises licence in respect of Seymour’s Wine Bar, Carlton House, 1 Carlton Place, Southampton, SO15 2DZ (adjourned from meeting on 24 October).

 

Hampshire Constabulary, the Premises Licence Holder and his representatives 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 premises licence could continue with the conditions proposed by the police and accepted by the Premises Licence Holder attached to it.

 

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.

 

This was a continuation of the hearing previously adjourned on 24 October 2018 to consider the application for review of the premises licence at Seymour’s Wine Bar, Carlton House, 1 Carlton Place, Southampton, SO15 2DZ. 

 

The Sub-Committee has considered very carefully the application for review and representations by the parties present at the hearing.It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.Human rights and Equalities legislation has been borne in mind.

 

The Sub-Committee noted that there has been a change of Premises Licence Holder since the application for review was made.  The DPS requested removal from his position from the 5 October 2018 and there is currently no DPS.  The premises has been closed since that time and there is no intention to re-open until a new DPS is appointed.

 

The Sub-Committee has noted the revised conditions proposed by the police and the fact that they have been accepted by the Premises Licence Holder.  Having reviewed the conditions the Sub-Committee are satisfied that these address the issues that have been raised in the application and meet the licensing objectives of the prevention of crime and disorder and public safety.

 

In light of the above the Sub-Committee has determined that the Licence should continue with the conditions proposed by the police and accepted by the Premises Licence Holder attached to it.

 

Reasons

 

The Sub-Committee heard from the Police about the history of incidents at the venue that led to their application for a review of the premises licence.  This demonstrated the need for the proposed conditions to be attached to the Licence. 

 

In addition, the Sub-Committee heard from the new Premises Licence Holder and his representative.  They were not involved in the premises prior to October and gave an outline of their intentions for the future operation of the venue. They also confirmed that they agreed that the proposed conditions were fair, reasonable and proportionate.

 

The Sub-Committee considered very carefully all of the options available to it in accordance with Section 52 (4) of the Act.  However, in light of the agreement between the parties and its own consideration of the proposed conditions the Sub-Committee concluded that the Licence should continue with the conditions  ...  view the full minutes text for item 35.