Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED that Councillor Mrs Blatchford be elected as Chair for the purposes of this meeting.

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

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

To approve and sign as a correct record the Minutes of the meeting held on 19 September 2013 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meeting held on 19 September 2013 be approved and signed as a correct record.

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.

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

Report of the Head of Legal, HR and Democratic Services, detailing an application for a premises licence in respect of Devon Store, 127 Obelisk Road, Southampton, SO19 9DN, attached.

RESOLVED that the application be adjourned to 31 October 2013.

Report of the Head of Legal, HR and Democratic Services, detailing an application to vary a premises licence in respect of Junk Club, 55 London Road, Southampton, SO15 2AD, attached.

RESOLVED that the application be adjourned to 7 November 2013.

Report of the Head of Legal, HR and Democratic Services detailing an application for a premises licence in respect of Shell UK Oil Products Limited, Bassett Avenue, Southampton, SO16 7LQ, attached.

The Sub-Committee considered the application for a premises licence in respect of Shell UK Oil Products Ltd, Bassett Avenue, Southampton SO16 7LQ.  (Copy of report circulated with the agenda and appended to the signed minutes)

Mr Charalambides (Counsel for applicant), Mr Lockett (Agent for applicant), Mr and Mrs Nicholson (local residents), PC Norris and PC Smith, 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 application for a premises licence be granted subject to the conditions agreed with police and the conditions agreed at the meeting.

After private deliberation the Sub-Committee reconvened and the Chair read the following decision with reasons (subject to discussion regarding conditions):-

The Sub-Committee has considered very carefully the application for a premises licence at Shell Bassett Avenue. 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.

It has considered very carefully all the evidence submitted by all parties, both written and given orally today, including the additional information supplied by the applicant.

The Sub-Committee heard an initial application by the applicant to consider the effect of the European Services Directive and in particular Regulation 19 relating to authorisation procedures and the time for dealing with applications.  The Sub-Committee considered (i) the fact that notice had not been given to the applicant with the hearing notice, (ii) the fact that the hearing and consideration of the application had taken in excess of a year and (iii) that the matter had already been adjourned on two occasions.  These factors, the applicant asserted, meant that the application could not now be heard and that the application should be deemed to have been granted in accordance with subsection 5.  The Sub-Committee determined that the process was, however, justified by overriding reasons relating to the public interest, including a legitimate interest of third parties.  It arrived at this conclusion on the basis that third parties, in this case, the police and residential objectors, were entitled to a fair hearing and an expectation that their objection would properly and fully be heard, accordingly to fail to hear the application in full could be a contravention of their Human Rights amounting to an overriding reason.

The Sub-Committee after careful consideration of all the factors has determined to grant the application subject to the following conditions:

1)  The premises licence holder shall ensure that figures enabling the comparison of total turnover (excluding VAT) at the premises for fuel with convenience store goods are produced to the Licensing Authority at six-monthly intervals and covering the same period.

2)  A minimum of two litter bins shall be placed on the forecourt of the premises.  A minimum of two litter picks will take place per day to cover the forecourt area and the immediate vicinity  ...  view the full minutes text for item 29.

Report of the Head of Legal, HR and Democratic Services detailing an application for a premises licence in respect of Shell Hampton Court, 197 Burgess Road, Southampton, SO17 1TU, attached.

The Sub-Committee considered the application for a premises licence in respect of Shell Hampton Court, 197 Burgess Road, Southampton SO17 1TU.  (Copy of report circulated with the agenda and appended to the signed minutes)

Mr Charalambides (Counsel for applicant), Mr Lockett (Agent for applicant), PC Norris and PC Smith, 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.

The issue being precisely the same (save for the lack of residential objection) as that determined in the previous agenda item, the Sub-Committee indicated it was minded to make a similar determination and invited representations. Both parties accepted the similarity and no objection was raised other than noting minor differences.

RESOLVED that the application for a premises licence be granted subject to the conditions agreed with police and the conditions agreed at the meeting.  Further, that a similar decision to the former be imposed save for minor amendment as follows:

The Sub-Committee has considered very carefully the application for a premises licence at Shell Hampton Park. 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.

It has considered very carefully all the evidence submitted by all parties, both written and given orally today, including the additional information supplied by the applicant.

The Sub-Committee heard an initial application by the applicant to consider the effect of the European Services Directive and in particular Regulation 19 relating to authorisation procedures and the time for dealing with applications.  The Sub-Committee considered (i) the fact that notice had not been given to the applicant with the hearing notice, (ii) the fact that the hearing and consideration of the application had taken in excess of a year and (iii) that the matter had already been adjourned on two occasions.  These factors, the applicant asserted, meant that the application could not now be heard and that the application should be deemed to have been granted in accordance with subsection 5.  The Sub-Committee determined that the process was, however, justified by overriding reasons relating to the public interest, including a legitimate interest of third parties.  It arrived at this conclusion on the basis that third parties, in this case, the police were entitled to a fair hearing and an expectation that their objection would properly and fully be heard, accordingly to fail to hear the application in full could be a contravention of their interests amounting to an overriding reason.

The Sub-Committee after careful consideration of all the factors has determined to grant the application subject to the following conditions:

1)  The premises licence holder shall ensure that figures enabling the comparison of total turnover (excluding VAT) at the premises for fuel with convenience store goods are produced to the Licensing Authority at six-monthly intervals and covering the same period.  ...  view the full minutes text for item 30.