Agenda and minutes

RESOLVED that Councillor Tucker 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 5 March 2015 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meeting held on 5 March 2015 be approved and signed as a correct record.

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.

Report of the Head of Legal and Democratic Services detailing an application for a variation of a premises licence in respect of Manor Service Station, 123 Bitterne Road West, Southampton  SO18 1AR, attached.

The Sub-Committee considered an application for a variation of a premises licence in respect of Manor Service Station, 123 Bitterne Road West, Southampton  SO18 1AR.

In accordance with Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005 the Sub-Committee determined to proceed with the hearing in the absence of a number of the residential objectors.

Mr R Botkai (Solicitor), Mr Sritharan (Manager, Manor Service Station) and Councillor White (representing residential objector, Miss N Williams) 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 variation of a premises licence be granted.

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 a variation of a premises licence at Manor Service Station, 123 Bitterne Road West. 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 was borne in mind whilst making the decision.

As a result, and in consideration of all the above, the application to vary the licence is approved as applied for and subject to the conditions agreed between the applicant and the police.  The conditions relate to; recording refusals, incident book, CCTV, night pay window, high strength beer / cider, sale of single cans, challenge 25 and signage.  Full details of these conditions are set out in full within the hearing report.

Reasons

The Sub-Committee considered very carefully the written representations of local residents insofar as they relate to the licensing objectives.  It also heard evidence from Councillor White, representing a resident (Miss Williams).  The Sub-Committee accepts that there may be some issues in the locality relating to anti-social behaviour and the congregating of youths.  The Sub-Committee has not considered the increased risk of drink driving as a point of substance.  It is also noted that residents have raised concern relating to the lack of toilet provision in the area and issues faced as a result.  However, despite carefully considering all of these points, the Sub-Committee was not satisfied that the evidence presented showed a sufficient link between the operation of the premises, particularly the sale of alcohol, and the anti-social behaviour.

The premises currently operates during a 24 hour period and the application relates to the extension of the sale of alcohol during those hours.  The Sub-Committee was referred by the applicant to the statutory guidance which states that shop premises should ordinarily be entitled to sell alcohol at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours.

The Sub-Committee understands the concerns for the potential risk created by the additional hours, however, has been presented with no evidence of any concerns at the premises relating  ...  view the full minutes text for item 54.