Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Thursday, 22nd August, 2013 9.30 am

Venue: Conference Room 3 - Civic Centre. View directions

Contact: Sharon Pearson- Democratic Support Officer  023 8083 4597

Items
No. Item

12.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

 

RESOLVED that Councillor Vassiliou be elected Chair for the purposes of this meeting.

 

13.

Apologies And Changes In Membership (If Any)

To note any changes in the membership of the Sub-Committee made in accordance with the Licensing Act 2003.

Minutes:

 

The Sub-Committee noted the apologies of Councillor Cunio and that Councillor Mrs Blatchford was in attendance as a nominated substitute in accordance with Procedure Rule 4.3.

 

14.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 21 KB

To approve and sign as a correct record the Minutes of the meeting held on 11 July 2013 and to deal with any matters arising, attached.

Minutes:

 

RESOLVED that the minutes of the meeting held on 11th July 2013 be signed as a correct record.  (Copy of the minutes circulated with the agenda and appended to the signed minutes).

 

15.

Exclusion Of The Press And Public

At a predetermined point during the consideration of all items the Sub-Committee may move into private session in order to receive legal advice when determining issues. The press and the public, unless otherwise excluded by the Licensing Act 2003 (Hearings) Regulations 2005, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.

Minutes:

 

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the press and public be excluded at a predetermined point whist the Sub-Committee reached its decision.

16.

Application to Vary a Premises Licence - Isis, 188 Above Bar Street, Southampton, SO14 7DW pdf icon PDF 10 MB

Report of the Head of Legal, HR and Democratic Services detailing an application to vary a premises licence in respect of Isis, 188 Above Bar Street, Southampton, SO14 7DW, attached.

Minutes:

 

The Sub-Committee considered the application to vary a premises licence in respect of Isis, 188 Above Bar Street, Southampton, SO14 7DW.  (Copy of report circulated with the agenda and appended to the signed minutes).

 

Mr Powell, Counsel for Applicant, Mr Gill and Mrs Gill, Applicants, PC Harris and PS Wood, 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 2003 (Hearings) Regulations 2005.

 

RESOLVED that the application to vary a premises licence be refused.

 

After private deliberation the Sub-Committee reconvened and the Chair read the following decision with reasons:-

 

All parties will receive written confirmation of the decision and reasons.

 

The Sub-Committee considered very carefully the application to vary a premises licence in respect of Isis and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance,  the adopted statement of Licensing Policy and in particular the Cumulative Impact Policy. 

 

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

 

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 have determined to refuse the application.

 

REASONS

 

The Sub-Committee were of the opinion that the application was for a significant variation to the existing premises licence in that it requested an extension of the licensable activities and opening hours by 3 hours Monday – Saturday and 4.5 hours on a Sunday with the exception of alcohol which was an extension of 2.5 hours Monday – Saturday and 4 hours Sunday.

 

The Sub-Committee has considered very carefully all of the evidence, including the additional information containing an amended operating schedule.

 

The Sub-Committee focused its consideration upon whether, in light of the policy, the proposed extension in hours would, on the balance of probabilities,  not add to the cumulative impact already being experienced in the area.

 

The Sub-Committee considered carefully the following points raised by the applicant:-

 

  • the updated operating schedule including the additional conditions;
  • the fact that the sale of alcohol was not the primary business of the establishment;
  • the premises had operated on a limited number of  ...  view the full minutes text for item 16.