Agenda item

Report of the Head of Legal and Democratic Services, detailing an application for a premises licence in respect of Roosters Piri Piri, 25 London Road, Southampton SO15 2AD, attached.

The Sub-Committee considered the application for a premises licence in respect of Roosters Piri Piri, 25 London Road, Southampton  SO15 2AD.

Mr P Day (Solicitor), Mr T Thilliaiyampalam (Applicant), 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 (Hearing) Regulations 2005.

RESOLVED that the application, as amended be approved and that the agreed conditions be imposed in full.

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 premises licence at Roosters Piri Piri, 25 London Road. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy, in particular the Cumulative Impact Policy. 

The Sub Committee considered representations, both written and given orally today, by all parties and has been taken into account. Human rights legislation has been borne in mind whilst making the decision.

At the commencement of the proceedings the Sub-Committee heard from the applicant’s solicitor and from the police that discussions between them have resulted in a compromise proposal acceptable to both parties, namely;

1. The hours sought for late night refreshments (I) are amended to read:

Monday to Thursday 23.00 hours to 0100 hours

Friday to Saturday 23.00 hours to 03.00 hours

Sunday 23.00 to midnight

Reference to non standard timings were deleted.

2. The conditions proposed by the police are accepted in full by the applicant, except that the condition regarding SIA is amended at line 3 to read as follows:

“from 23 00 hours to 03.15 hours on a Friday and Saturday, or until all customers have departed and dispersed from the immediate area of the premises, whichever is earlier on every Friday and Saturday night.” 

For the avoidance of doubt the remainder of the condition remains unchanged.

3. The applicant confirmed it agrees to the amendment of M d) of its operating schedule at point 3. so that it will carry out a litter sweep as stated, but on both sides of London Road.

The Sub-Committee then heard from Hampshire Constabulary’s representative that the police confirm their acceptance of, and agreement to the proposal, and on this basis, no longer object to the application.

Legal advice was accepted by the Sub-Committee in relation to the Cumulative Impact Policy. It was noted that the premises is located within the boundary of a previously identified stress area, and is subject to the provisions of the formally adopted Cumulative Impact Policy “CIP” (adopted 13 May 2009, confirmed upon review 17 November 2010)  that applies to that area.

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 16.9 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

The Sub-Committee has determined to approve the application as amended.  The agreed conditions will be imposed in full.

Reasons

The Sub-Committee has considered very carefully all of the evidence.

The Sub-Committee was satisfied in the particular circumstances of this case, that the proposed licence would not on the balance of probabilities, add to the cumulative impact, already being experienced in the area.

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.