Agenda item

Report of the Head of Legal, HR and Democratic Services, detailing an application for a premises licence in respect of Devon Store, 127 Obelisk Road, Southampton, SO19 9DN, attached.

The Sub-Committee considered the application for a premises licence in respect of Devon Store, 127 Obelisk Road, Southampton SO19 9DN.  (Copy of report circulated with the agenda and appended to the signed minutes)

Mr Yeoman (Applicant), Mr Thornton (Trading Standards, SCC), PC Norris and PC Harris (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 for a premises licence be refused.

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

All parties will receive written confirmation of the decision and reasons.

The Sub-Committee considered  carefully the application a premises licence at Devon Store, 127 Obelisk Road and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance,  the adopted statement of Licensing Policy, Human Rights legislation and representations, both written and given orally today by Hampshire Constabulary, Trading Standards and the applicant.

In light of all the above the Sub-Committee has determined that the application be refused.

REASONS

The Sub-Committee considered very carefully the application and in particular points raised by the applicant including; that the premises are small, is covered by 7 CCTV cameras, the partner of the applicant may help out, that the applicant will be on the premises for 30 hours a week (possibly more). 

Further, the Sub-Committee accepted that the applicant, personally, was of good character without previous incident of concern.  However, despite careful consideration of all the points raised by the applicant the Sub-Committee was not satisfied that those points outweighed the concerns of both Trading Standards and the Police.  Those concerns were that the applicant would not be in a position to effectively supervise the premises and that maintaining his existing full time job elsewhere, would severely impact upon his ability to oversee the premises and the business in the way that he asserted.  The Sub-Committee took note of the previous issue regarding the sale of non duty paid cigarettes at the premises and were concerned that the business owner remained the same and would continue to hold considerable, if not absolute, control of the business.

The previous sale when combined with the lack of cooperation with the subsequent investigation (failure to attend an arranged interview and subsequent allegation against the investigating officer) show a clear lack of engagement with, or respect of the licensing objectives on the part of the business owner – particularly the prevention of crime and disorder.  On the basis of all the evidence that the Sub-Committee has heard, it remains unconvinced that the business owner will not continue to control, if not strongly influence, the sale of goods, which would include the sale of alcohol if the licence was granted, at the premises.

The Sub-Committee noted that the applicant is currently unconnected with the business other than for the purposes of this application.  Further that the applicant, due to employment elsewhere, will not be at the premises at material times.

Whilst the Sub-Committee does not doubt the integrity of the applicant, this concern is sufficient to warrant a refusal on the basis that the Sub-Committee is not satisfied that the licensing objectives can be protected and upheld if the licence was granted.

There is a right of appeal to the Magistrates’ Court.  The formal notice of the decision will set out that right.