Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee
Wednesday, 6th June, 2018 6.00 pm

Venue: Conference Room 3 - Civic Centre. View directions

Contact: Emily Goodwin/Pat Wood - Democratic Support Officer  023 8083 2302

Items
No. Item

1.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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

2.

Disclosure Of Personal And Pecuniary Interests

In accordance with the Localism Act 2011, and the Council’s Code of Conduct, Members to disclose any personal or pecuniary interests in any matter included on the agenda for this meeting.

Minutes:

The Chair declared a personal interest on the basis that she knew one of the objectors but confirmed that she would approach the matter with an open mind and without any undue influence.  Both parties to the hearing confirmed that they had no objection.

3.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 63 KB

To approve and sign as a correct record the Minutes of the meeting held on 10 May 2018 and to deal with any matters arising.

Minutes:

RESOLVED that the minutes of the meeting held on 10 May 2018 be approved and signed as a correct record.

4.

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 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.

5.

APPLICATION FOR A VARIATION OF A PREMISES LICENCE - THE ROCKSTONE, 63 ONSLOW ROAD, BEVOIS VALLEY, SOUTHAMPTON, SO14 0JL pdf icon PDF 3 MB

Application for a variation of a premises licence in respect of The Rockstone, 63 Onslow Road, Bevois Valley, Southampton, SO14 0JL.

Minutes:

The Sub-Committee considered the application for variation of a premises licence in respect of The Rockstone, 63 Onslow Road, Southampton SO14 0JL.

 

David Thomas (Applicant) and Ashley Minto (Local Resident) 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 variation to the premises licence be granted.

 

After private deliberation the Sub-Committee reconvened and the Chair read out 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 variation of a premises licence at The Rockstone, 63 Onslow Road, Southampton SO14 0JL.  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.

 

At the start of the hearing the Chair declared a potential personal interest on the basis that she knew one of the objectors but confirmed that she would approach the matter with an open mind and without any undue influence.  Both parties to the hearing confirmed they had no objection to this.

 

The Sub-Committee noted that representation had been made by the Environmental Health Service and that the representation had been withdrawn following agreement restricting dining in outside areas to within the following hours, 1200 and 2200 hours, seven days per week. 

 

No other responsible authority had made representations however 3 residential representations were made (2 objecting, 1 supporting). 

 

In light of all the above, the Sub-Committee has determined to grant the application subject to the agreement reached with the Environmental Health Service (including the proposed condition).  Whilst set out in the papers as two conditions, the effect is achieved by Condition number 2 (restricting outside dining). 

 

Reasons

 

The Sub-Committee heard evidence from residents both orally at the hearing and in written representations mainly relating to public nuisance. 

 

Generally, residents are concerned that any additional extension to licensable activities will lead to an increase in public nuisance.  The Sub-Committee accepted legal advice provided during the course of the hearing confirming that the scope of the Sub-Committee’s remit is limited to determination of the variation application and not a wider review of the premises generally.  Accordingly, the Sub-Committee had to determine to what extent, if at all, the proposed variation (subject to the restriction in use agreed with Environmental Health) would lead to additional issues at the premises. Many of the issues complained of relate to the general day to day running of the premises and on balance the Sub-Committee does not feel that refusing the variation or imposing additional restrictions on the variation sought would in actual fact address any of those concerns.  There is a general right to review a premises licence which can be brought by residents or responsible authorities.  In the event that the premises causes issues of concern the licence, in its entirety, can  ...  view the full minutes text for item 5.