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 19 December 2013  and to deal with any matters arising, attached.

RESOLVED to defer approval of the Minutes of the meeting held on 19 December 2013 to seek further advice.

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 and Democratic Services, detailing an application for a premises licence in respect of Best In, 118 St. Mary’s Road, Southampton SO14 0BL, attached.

The Sub-Committee considered the application for a premises licence in respect of Best In, 118 St Mary’s Road, Southampton  SO14 0BL, attached.

In accordance with Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005 the Sub-Committee determined to proceed in the absence of the Parties who had not indicated whether or not they intended to appear or be represented at the hearing.

Mr Thangavel (Applicant) was present and with the consent of the Chair, addressed the meeting.

The Sub-Committee sought clarification from the applicant in relation to the hours of opening on a Sunday and hours for supply of alcohol by retail.  The applicant confirmed that he wanted to have a premises licence for supply of alcohol by retail and the opening hours on a Sunday to be until 00:00.  (The opening hours on a Sunday on the application form were only to 22:00.)

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act (Hearings) Regulations 2005.

RESOLVED that the premises licence be approved.

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 for a premises licence at “Best In”, 118 St Mary’s Road, Southampton SO14 0BL.  It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. 

The Sub Committee considered very carefully the representations, both written and given orally today, by the applicant and other persons. Human rights legislation has been borne in mind whilst making the decision.

The Sub-Committee noted that the ten representations received were all from residents objecting to the application.

These were upon similar grounds concerning all four Licensing Objectives, largely (but not exclusively) arising from concerns of a likely increase in anti social behaviour in the area from persons in drink, and associated public nuisance together with increased exposure of children to these problems. Concern was also expressed about the hours during which alcohol sales are applied for.

Further deep concern was expressed by residents about the number of premises already selling alcohol in the vicinity.

One representation cited objections to the applicant.

The Sub-Committee noted that the Police had not objected to the application upon the basis of conditions which they had agreed with the applicant.

In consideration of all the above, the Sub-Committee has determined to grant the application in the terms sought (supply of alcohol Monday to Sunday 08:00 to 00.00) subject to conditions as below.

For clarification the hours the premises are open to the public was confirmed by the applicant as 06:00 to 00:00 Monday to Saturday and 08:00 to 00:00 on Sunday and not 08:00 to 22:00 on Sunday as contained in the application.

The notice of application is correct in advertising that the application was for the sale by retail of alcohol Monday to Sunday 08:00 to 00.00)

Conditions

The grant of the application is subject to the  ...  view the full minutes text for item 57.