Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Thursday, 14th August, 2014 9.30 am

Venue: Conference Room 3 - Civic Centre. View directions

Contact: Karen Wardle - Democratic Support Officer  023 8083 2302

Items
No. Item

13.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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

14.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 38 KB

To approve and sign as a correct record the Minutes of the meeting held on 31 July 2014 and to deal with any matters arising, attached.

Minutes:

RESOLVED that the minutes of the meeting held on 31 July 2014 be approved and signed as a correct record.

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 parties to the hearing, 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 the press and public be excluded from the meeting in respect of viewing part of the evidence disclosed by the Police in relation to Item 7 in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 and be invited to return immediately following private session.

 

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the parties to the hearing, press and public be excluded at a predetermined point whilst the Sub-Committee reaches its decision.

16.

Application for Review of a Premises Licence – Griffin, 35-37 Anglesea Road, Southampton SO15 5QH pdf icon PDF 89 MB

Report of the Head of Legal and Democratic Services, detailing an application for review of the premises licence in respect of the Griffin, 35-37 Anglesea Road, Southampton SO15 5QH, attached.

Minutes:

The Sub-Committee considered an application for review of a premises licence in respect of The Griffin, 35-37 Anglesea Road, Southampton  SO15 5QH.

 

Mr C Cheevers (DPS / PLH, Griffin Inn), Ms C Coleman (Griffin Inn), Mr A Wasowski, Ms J Trotter, Ms D Brooke, Mrs J Wilby (Local Residents), Mr A Gardner (Enterprise Inns) PC Norris and PC Conway (Hampshire Constabulary) were present and with the consent of the Chair, addressed the meeting.

 

The Sub-Committee viewed one clip of CCTV from the premises.

 

The Sub-Committee then moved into confidential session to view CCTV footage and footage from body worn cameras at the premises as evidence disclosed by the Police in accordance with the Licensing Act (Hearings) Regulations 2005.

 

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

 

RESOLVED that the premises licence be revoked.

 

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

 

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

 

The Sub-Committee has considered very carefully the application for review of the premises licence at The Griffin, 35-37 Anglesea Road by Hampshire Constabulary. 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 whilst making this decision. 

 

All the evidence presented both written and given orally today, has been carefully considered and taken into account.  The Sub-Committee particularly addressed itself to the licensing objectives for the prevention of crime and disorder and the prevention of public nuisance.

 

Having considered all the above and all the options under s52, sub section 4, the Sub-Committee has decided to revoke the premises licence.

 

Reasons

 

The Sub-Committee heard evidence from Hampshire Constabulary relating to incidents at, or within the vicinity of, the premises over an extensive period of time.  Evidence supplied by the police showed 62 incidents dating back until 2010 (when the current DPS took on the role, taking over as Premises Licence Holder in 2012).  During this time Hampshire Constabulary have provided advice and assistance and repeated opportunity to comply with the terms of the premises licence.  Of particular concern, is a persistent lack of cooperation in ensuring CCTV systems are operating properly and that footage is provided when requested.

 

The Sub-Committee noted a disparity between residents’ evidence and that of the premises licence holder, in relation to the number and severity of incidents at the premises causing nuisance and undermining the prevention of crime and disorder objective.  Residents gave evidence to the effect that the nature of the incidents at, or near to the premises, combined with its clientele caused a reluctance for many to provide evidence.  The Sub-Committee can only consider the evidence that is presented to it and not speculative, however, on balance and in light of the weight of supporting evidence provided by Hampshire Constabulary and Environmental Health, the Sub Committee preferred the evidence of residents.  It is also accepted  ...  view the full minutes text for item 16.