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 decision.  

Report of the Head of Legal and Democratic Services detailing the objection by Hampshire Constabulary to Temporary Event Notice on 3 May 2014 in respect of Woolston Social Club, 32 Victoria Road, Southampton  SO19 9DX, attached.

NOTE

These items are to be heard under the Licensing Act 2003.  The Licensing Act 2003 (Hearings) Regulations 2005 require the hearing to be commenced no later than seven working days after the period in which the Police may object; the Regulations also require that no less than two working days notice be given to the Hearing.

For the avoidance of doubt, the provisions of the Licensing Act 2003 replace those of the Localism Act 2011 in respect of periods of notice and proceedings for the Licensing (Licensing and Gambling) Sub-Committee’s business.

This item was withdrawn at the request of the Applicant.  

Report of the Head of Legal and Democratic Services detailing the objection by Hampshire Constabulary to Temporary Event Notice on 27 May 2014 in respect of Woolston Social Club, 32 Victoria Road, Southampton  SO19 9DX, attached.

NOTE

These items are to be heard under the Licensing Act 2003.  The Licensing Act 2003 (Hearings) Regulations 2005 require the hearing to be commenced no later than seven working days after the period in which the Police may object; the Regulations also require that no less than two working days notice be given to the Hearing.

For the avoidance of doubt, the provisions of the Licensing Act 2003 replace those of the Localism Act 2011 in respect of periods of notice and proceedings for the Licensing (Licensing and Gambling) Sub-Committee’s business.

The Sub-Committee considered the objection by Hampshire Constabulary to the Temporary Event Notice on 27^th May, 2014 at Woolston Social Club, 32 Victoria Road, Southampton  SO19 9DX. 

Mrs Oakley and Mr Lamb (Applicant), PC Harris and PC Cherry (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 to grant the Temporary Event Notice for the event on 27^th May, 2014 with additional condition. 

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

The Sub-Committee has considered very carefully all the evidence submitted by all parties, both written and given orally today. 

The Sub-Committee has carefully considered the Police objection based on the prevention of crime and disorder and the protection of children from harm.  Police concerns related to a previous incident at the premises and a subsequent lack of proactive management in addressing concerns and implementing steps suggested.  The Sub-Committee does hold very serious concerns in relation to the nature of that incident including the fact that children were present whilst it occurred.  The Sub-Committee was also concerned to hear that corrective measures had been adopted only at a late stage and without proper opportunity to fully test their effectiveness.  Nonetheless, the Sub-Committee did feel on balance that the steps taken when combined with other precautionary steps ought to reduce the risk of such an event at these premises. 

The Sub-Committee accepted legal advice that it was unable to impose conditions on a Temporary Event Notice other than those pre-existing on the Club Premises Certificate.  Accordingly, the Sub-Committee has decided to attach a condition mirroring the CCTV condition as attached to the Club Premises Certificate and strongly recommends that the following steps are undertaken in order to minimise the risk of any reoccurrence of the issues previously experienced.

Recommendations:

1. The Committee of the Club should ensure that the door is attended by at least one Committee member who is to remain sober at all times, including after the event, if appropriate.
2. That Committee member should not be related or, if possible, known to guests attending. 
3. That Committee member must be fully trained in the use and operation of the CCTV system (and importantly be in position to download and produce CCTV images on request). 
4. A list of non-members attending should be provided to the Police at least 48 hours prior to commencement of the event.  If so advised the Committee should bar any person on that list causing concern to the Police.

The Club must be warned that any further issues may well lead to a review of the Club Premises Certificate which could lead to further steps being taken, including revocation, if appropriate to promote the licensing objectives.