Agenda item

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.

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:

1. to grant the application as amended, that is to permit supply by retail of alcohol 08.00 to 22.00 hours Monday to Sunday;
2. to impose an additional condition, as suggested to the applicant and agreed by him, namely:-

Single cans of alcoholic beverages shall not be sold.

Reasons

In the light of the legislation guidance and statement of licensing policy referred to above, and in particular Southampton City Council’s statement of licensing policy, 8.9, together with careful consideration of all the evidence the Sub-Committee was not satisfied that sufficient evidence had been provided to it by the police showing that the grant of the application would have the effect of damaging any of the licensing objectives cited. 

Further, on consideration of the evidence provided by the applicant, the Sub-Committee concluded that a refusal or partial refusal was not justified. 

The additional condition is imposed by agreement to promote the licensing objective for the prevention of crime and disorder.

There is a right of appeal for all parties to the Magistrates’ Court.  Formal notification of the decision will set out that right in full.