Agenda and minutes

RESOLVED that Councillor M Bunday be elected as Chair for the purposes of the meeting.

To approve and sign as a correct record the Minutes of the meetings held on 6 April and 13 April 2022 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meetings held on 6 April 2022 and 13 April 2022, be approved and signed as a correct record.

RESOLVED that the Sub-Committee move into private session in order to receive legal advice when determining issues. Following that private session, at which time the matter would be determined, written confirmation of the decision of the Sub-Committee would be distributed to all parties to the hearing.

The hearing was held as a virtual meeting using Microsoft Teams and was streamed live online for the press and public to view via the Live Events platform.

The Sub-Committee considered very carefully the report of the Service Director – Communities, Culture and Homes. Representations by all the parties present at the hearing as well as written representations were also fully taken into consideration.

The Sub-Committee gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. 

The Sub-Committee considered the representations, both written and given orally, by all parties.  The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 were taken into consideration in making the decision.

Due regard was given to the provisions of the Licensing Act 2003, including the statutory licensing objectives, the statutory guidance and the City Council’s adopted statement of licensing policy. Human rights legislation was borne in mind.

The Sub-Committee also considered that neither Hampshire Constabulary nor any other Responsible Authority had made representation to the Sub-Committee Hearing.

RESOLVED

Having considered all of the above the Sub-Committee agreed to grant the licence in accordance with the application, save that the terminal hour for the supply of alcohol would be 2300 every day.

Reasons:

The Sub-Committee heard from local residents. The Sub-Committee was also addressed by the applicant, Mr Croos and his agent.

The Sub-Committee carefully considered the concerns of the local residents regarding issues of noise and public nuisance, and with this in mind to address the licensing objective of prevention of public nuisance decided to limit the opening hours of the premises and the hours for sale of alcohol.

The Panel felt that while regrettable that there were concerns about the behavioural issues in the area, that the police had not raised concerns and made no representation. 

The Panel noted concerns from the residents that extended operating hours could lead to an increase in anti-social behaviour and noise nuisance. 

The Panel felt that extended opening hours until midnight was not in keeping with other businesses in the area. Alcohol sales terminating at 2300 would be fair on the business in terms of parity with local businesses, and hopefully address residents’ concerns. 

The Panel also noted the statutory right of review should residents’ concerns be borne out.

There is a right of appeal for any party to the Magistrates’ Court. All parties would receive written notification of the decision with reasons, which would set out that right in full.