Agenda item

Application for a variation of a premises licence in respect of The Rockstone, 63 Onslow Road, Bevois Valley, Southampton, SO14 0JL.

The Sub-Committee considered the application for variation of a premises licence in respect of The Rockstone, 63 Onslow Road, Southampton SO14 0JL.

David Thomas (Applicant) and Ashley Minto (Local Resident) 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 variation to the premises licence be granted.

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.

The Sub-Committee has considered very carefully the application for variation of a premises licence at The Rockstone, 63 Onslow Road, Southampton SO14 0JL.  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 was borne in mind whilst making the decision.

At the start of the hearing the Chair declared a potential personal interest on the basis that she knew one of the objectors but confirmed that she would approach the matter with an open mind and without any undue influence.  Both parties to the hearing confirmed they had no objection to this.

The Sub-Committee noted that representation had been made by the Environmental Health Service and that the representation had been withdrawn following agreement restricting dining in outside areas to within the following hours, 1200 and 2200 hours, seven days per week. 

No other responsible authority had made representations however 3 residential representations were made (2 objecting, 1 supporting). 

In light of all the above, the Sub-Committee has determined to grant the application subject to the agreement reached with the Environmental Health Service (including the proposed condition).  Whilst set out in the papers as two conditions, the effect is achieved by Condition number 2 (restricting outside dining). 

Reasons

The Sub-Committee heard evidence from residents both orally at the hearing and in written representations mainly relating to public nuisance. 

Generally, residents are concerned that any additional extension to licensable activities will lead to an increase in public nuisance.  The Sub-Committee accepted legal advice provided during the course of the hearing confirming that the scope of the Sub-Committee’s remit is limited to determination of the variation application and not a wider review of the premises generally.  Accordingly, the Sub-Committee had to determine to what extent, if at all, the proposed variation (subject to the restriction in use agreed with Environmental Health) would lead to additional issues at the premises. Many of the issues complained of relate to the general day to day running of the premises and on balance the Sub-Committee does not feel that refusing the variation or imposing additional restrictions on the variation sought would in actual fact address any of those concerns.  There is a general right to review a premises licence which can be brought by residents or responsible authorities.  In the event that the premises causes issues of concern the licence, in its entirety, can be considered at that stage where the evidence supports it.  The Sub-Committee acknowledged that Environmental Health were now satisfied with the proposed variation and had confirmed that in their view a hearing was no longer necessary to determine the issues they had raised. 

It was noted that the variation increased the hours of supply of alcohol in the morning but the evidence was that this would not be fully utilised and only very rarely to the full extent.  As a result it was not deemed appropriate to restrict or condition this use. 

As a result of all of this, the Sub-Committee did not consider it appropriate to refuse the application or impose further conditions.

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.