Agenda item

The Sub-Committee considered an application for a review of a premises licence in respect of Best One, 66-67 St. Mary Street, Southampton  SO14 1NW.

Mr J Wallsgrove (on behalf of the Premises Licensing Holder), Mr A Khushdil (PLH), Mr L Marshall (Trading Standards), PC Boucouvalas 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 premises licence be suspended for a period of six weeks.

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 review 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 particularly addressed itself to the licensing objectives for the prevention of crime and disorder, the prevention of children from harm and the prevention of public nuisance.

In light of all of the above, the Sub-Committee has determined that the conditions outlined in the report and proposed by Trading Standards and Hampshire Constabulary, and agreed in the main by the Premises Licence holder during the course of the hearing be attached to the premises licence.  In addition, the Sub-Committee has determined that the premises licence shall be suspended for a period of six weeks, commencing on the first Saturday following the expiration of the appeal period at 00.01 hours.

Reasons

The Sub-Committee considered very carefully all the evidence and held very grave concerns in relation to the premises licence holder’s ability to properly manage a premises of this type in this area.  It was noted that the premises had previously been the subject of review proceedings and that warnings had been issued at that time.  It was also noted that repeated visits, correspondence and warnings had been given by Trading Standards, Hampshire Constabulary and the Licensing Authority.  The Sub-Committee accepted that the statutory guidance identifies criminal activity which should be taken particularly seriously, including the sale or storage of smuggled alcohol or tobacco and that revocation of the licence should be seriously considered – even in the first instance.  In this case an extremely large amount of alcohol (some 121 litres of alcohol, 97.5 litres of wine and 450 grams of shisha tobacco) were seized due to not bearing duty stamps and being non duty paid.

In addition, the Sub-Committee heard evidence relating to an underage sale at the premises as well as Polish goods not being properly labelled for sale in the UK.  In the circumstances the Sub-Committee determined that the premises licence should be suspended for a period of three months but reduced that period of time to six weeks on the basis of evidence it had heard in relation to the detrimental financial impact that suspension would bear upon the premises licence holder.  However, it was also noted that the guidance states that where premises are found to be trading irresponsibly (and the Sub-Committee has no doubt that this is such a case) the Licensing Authority should not hesitate, where appropriate to do so, to take tough action to tackle the problems at the premises.  As a result a suspension of six weeks was felt to be an appropriate and proportionate response and deterrent to both the premises licence holder and other premises licence holders.

The Sub-Committee must reiterate how close it has come to revoking the premises licence on this occasion and must clearly stress that any further issues of concern will place the premises licence in extreme jeopardy in the event of further review.

The Sub-Committee has determined not to amend the suggested CCTV condition.  It noted the representation of the premises licence holder with regard to temporary staff not being provided access to allow potential tampering of the system but such measures should not in the view of the Sub-Committee necessarily prevent the ability to perform a download from the system onto disc or other material, without amendment.

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.