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.

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.

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 decisions.

Chair to move that the Sub-Committee consider whether the press and public be excluded from the hearing in respect of the following item in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

The report and 4 appendicesof the following item include details and information that would ordinarily be classed as exempt from publication in accordance with the Council's Constitution and specifically Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules due to the identification of individuals and sensitive details of an ongoing police investigation. Accordingly the report and 4 appendices have not been published at this stage. In accordance with the Licensing Act 2003 (Hearings) Regulations 2005 members shall be able to determine whether to exclude the public from all or any part of the hearing after consideration of the public interest.

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 the Sub-Committee determined to exclude the press and public from all of the hearing after consideration of the public interest.

Report of the Head of Legal and Democratic Services, detailing an application for a summary review of the premises licence in respect of Rhino, Waterloo Terrace, Southampton SO15 9BA, the report and 4 appendices are marked as confidential, attached.

Following the Licensing (Licensing & Gambling) Sub-Committee Meeting on 27 March 2014 the Sub-Committee was satisfied that it was in the pubic interest that the report and appendices 2, 3 and 4 be published. 

Note:  this information was previously considered confidential and has not been published until after consideration of the item, in line with the advertised exclusion of press and public on the Agenda. 

The Sub-Committee considered the application for a summary review of premises licence in respect of Rhino, Waterloo Terrace, Southampton SO15 9BA.

Sergeant Wood and PC Conway (Hampshire Constabulary), Hugh Flanagan (Counsel), Robin Felgate (Premises Licence Holder) Tanya Hayter (Designated Premises Supervisor), Tony Hawkes (Licensing Consultant) and Bernard Ralph (Solicitor) 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 premises licence be revoked.

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

All parties will receive written notification of the decision with reasons.

The Sub-Committee determined that the hearing should proceed with the press and public excluded, in the public interest, in view of  the continuing Police investigation and the sensitivity of the information disclosed within parts of the report and to be discussed in the course of the hearing.

The Sub-Committee has considered very carefully the application for summary review of the premises licence for Rhino, Waterloo Terrace, Southampton SO15 9BA.

It has given due regard to the provisions of the Licensing Act 2003, including the statutory licensing objectives, the statutory guidance, the Secretary of State’s summary review guidance and the City Council’s adopted statement of licensing policy. Human rights legislation has been borne in mind.

The Sub-Committee notes that, following suspension of the premises licence, as an interim step, on 5 March 2014, the premises licence holder did not seek to make representations against that decision by the Sub-Committee.

The Sub-Committee has determined to revoke the premises licence for Rhino under section 53C of the Licensing Act 2003. The Sub-Committee has also determined that the premises licence for Rhino should remain suspended pending any appeal.

Reasons

The Sub-Committee has considered very carefully the certificate of Superintendent Fulton, all the evidence submitted by the Police, the premises licence holder and his Solicitor, both written and given orally today.

The Sub-Committee has carefully considered all the options set out in section 53C(c) of the Licensing Act 2003:

(a)  the modification of the conditions of the premises licence,

(b)  the exclusion of a licensable activity from the scope of the licence,

(c)  the removal of the designated premises supervisor from the licence,

(d)  the suspension of the licence for a period not exceeding three months,

(e)  the revocation of the licence.

The Sub-Committee considers that the alleged serious criminal offences and the likelihood of serious disorder at the premises involving persons concerned with the business conducted at those premises, including the premises licence holder, make it appropriate and proportionate for the promotion of the licensing objectives for the premises licence to be revoked and for the interim step of suspension of the licence to remain in force pending any appeal.

The Sub-Committee has noted that the previous designated premises supervisor has removed himself from the licence under section 41 of the Licensing Act 2003. It is also noted that an application has been made for  ...  view the full minutes text for item 78.