Agenda and minutes

To note any changes in membership of the Committee made in accordance with Council Procedure Rule 4.3.

The Committee noted that apologies had been received from Councillors Lewzey, Pope, Spicer and Lloyd.

It was noted that following receipt of the temporary resignation of Councillor Lloyd from the Committee, the Head of Legal and Democratic Services, acting under delegated powers, had appointed Councillor Hammond to replace her for the purposes of this meeting.

In accordance with the Localism Act 2011, and the Council’s Code of Conduct, Members to disclose any personal or pecuniary interests in any matter included on the agenda for this meeting.

Members stated that the interests declared at the meeting of 16 December 2014 (and 9^th April 2015) remained unchanged and thus reaffirmed the following and remained in the meeting during the consideration of the matter:

“Councillors Galton, Hammond, Whitbread, Vassiliou, Spicer and Painton declared personal interests, in view of Councillor Galton’s respective status as being a member of Mint Casino (now Genting) and having visited the Genting Casino approximately sixteen months ago and being a member of Grosvenor Leisureworld, Councillor Hammond’s respective status of visiting Gala Bournemouth about five and a half years ago and Grosvenor Brighton about two and a half years ago and a casino in Southend about 10 and a half years ago, Councillor Whitbread’s respective status as holding membership of Grosvenor Leisureworld and visiting in the last eight months, Councillor Vassiliou’s respective status as being a member of Grosvenor Leisureworld and Genting Casino, Councillor Spicer’s respective status as holding membership of Grosvenor Leisureworld and visiting recently and Councillor Painton’s respective status as holding membership of Genting Casino.”

In addition Councillor Tucker declared a personal interest as having attended the recent launch of Watermark Westquay event held by Hammerson

At a predetermined point during the consideration of the following item the Committee may move into private session in order to receive legal advice when determining issues. The parties to the hearing, press and the public, unless otherwise excluded by Section 100A(4) Local Government Act 1972, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Committee will be announced.

RESOLVED that the parties to the hearing, press and public be excluded at a predetermined point in accordance with Section 100A (4) Local Government Act 1972 whilst the Committee reaches its decision.

Report of the Head of Legal and Democratic Services requesting the Committee consider and resolve whether to alter its decision to extend the closing date of Stage 2 of the casino licensing competition, attached.

The Committee considered the report of the Head of Legal and Democratic Services requesting the Committee consider and resolve whether to alter its decision to extend the closing date of Stage 2 of the casino licensing competition.

Mr Herd (Global Gaming Ventures Ltd), Mr Hagan (Aspers), Mr Walsh (Kymeira), and Mr Clifton (on behalf of the developer, Royal Pier Waterfront) were present and with the consent of the Chair, addressed the meeting.

The Committee considered the decision in confidential session in accordance with the Local Government Act 1972 Section 100A(4).

RESOLVED that the following decision be approved and notified, as agreed at the meeting, to all applicants in writing after the meeting.  A brief summary of the decision was read out at the meeting.

DECISION

Introduction

The issue before the Licensing Committee is whether submissions to Stage 2 of the competition should be made by 10^th July 2015 as it determined on 9^th April, or 14^th May as suggested by Global Gaming Ventures (Southampton) Limited (“GGV”) or some other and if so what date. The Committee does not consider itself to be bound by its earlier decision but approaches the matter afresh and with an open mind, and in the light of all the written and oral submissions which it has heard.

Written submissions

The Committee briefly summarises the written submissions as follows.

In GGV’s letter dated 16^th April 2015 it submitted that the requirement of fairness takes precedence over all other considerations, and that to grant a further three months to prepare to parties who are not ready to make their submission in accordance with a previously set timetable gives rise to unfairness which is not outweighed by the prospect, actual or imagined, of some future benefit. It submits that the Committee did not ask itself whether its ruling was consistent with the fair conduct of the competition. Other procedural points are made, but of course these are removed from the equation in the light of this fresh hearing. It also reminds the Committee that it is not to permit or appear to permit any pre-existing policy, preference or relationship influence its decision, a matter of which the Committee is very well aware.

Despite GGV’s submission that it would be unfair for an extension to be granted to 10^th July, it does not oppose an extension to 5 pm on 14^th May. Therefore, its complaint is not about the fact of the extension but its amount.

Grosvenor Casinos Limited (“Grosvenor”) wrote through its solicitors on 20^th April 2015, stating its belief that a submission date of 10^th July is necessary, taking into account the suggestion by RPW, only very recently advanced in its letter of 31^st March 2015, of a basement location for the casino, and the subsequent decision of the Committee on 10^th April 2015, as to the permitted footprint of the casino. It considers the submission date of 10^th July to  ...  view the full minutes text for item 26.