Agenda and minutes

To appoint a Chair for the purposes of this meeting.

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

To approve and sign as a correct record the Minutes of the meeting held on 17 October 2013  and to deal with any matters arising, attached.

RESOLVED that the minutes of the meeting held on 17 October 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 to vary a premises licence in respect of Junk Club, 55 London Road, Southampton SO15 2AD, attached.

The Sub-Committee considered the application to vary a premises licence in respect of Junk Club, 55 London Road, Southampton SO15 2AD.  (Copy of report circulated with the agenda and appended to the signed minutes)

Mr Walton (Solicitor), Mr Aston (Applicant / Operations Director), Mr Lawrence (Manager, Junk), Mr Leigh (DPS, Junk), PC Conway and PC Harris (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 to vary a premises licence be refused.

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

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

The Sub-Committee considered very carefully the application to vary a premises licence at Junk Club, 55 London Road.  It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted statement of Licensing Policy, in particular the Cumulative Impact Policy. 

The Sub Committee considered representations, both written and given orally today, by all parties. 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 has determined to refuse the application.

REASONS

The Sub-Committee were of the opinion that the application was for a substantial variation to the existing premises licence in that it requested an extension of the licensable activities and opening hours.

The Sub-Committee has considered very carefully all of the evidence.

The Sub-Committee focused its consideration upon whether, in light of the policy, the proposed variation 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, including, but not limited to:-

• Glassware/ID scanner already in place;
• Zero tolerance policy on drugs (proactive reporting);
• Door staff assist in incidents in the area;
• Club not responsible for racial abuse outside the premises;
• Other premises nearby causing incidents and the premises should not be held responsible;
• 12 Temporary Event Notices submitted (incidents not occurring during proposed variation hours);
• No evidence to support an alleged increase in cumulative impact;
• Extending hours will reduce pinch points;
• The lack  ...  view the full minutes text for item 38.

Report of the Head of Legal, HR and Democratic Services, detailing an application to vary a premises licence in respect of Genting Casino Terminus Terrace, Terminus House, Terminus Terrace, Southampton SO14 3FE, attached.

The Sub-Committee noted that the application for a premises licence in respect of Genting Casino Terminus Terrace, Terminus House, Terminus Terrace, Southampton SO14 3FE no longer required a hearing as agreement had been reached between the parties and the objectors had withdrawn their representations.