Agenda item

The hearing was held as a virtual meeting using Microsoft Teams and was streamedlive onlinefor the press andpublic to view viathe Live Events platform.

The Sub-Committee considered very carefully the application for a variation of thepremises licence at CATTLE STEAKHOUSE, 14-15 HANOVER BUILDINGS,SOUTHAMPTON, SO14 1JX in the report by the Service Director – Communities,Culture and Homes.

The hearing was held in accordance with the Licensing Act 2003 (Hearings)Regulations 2005(as amended) andthe rules ofnatural justice.

The Sub-Committee madeits decisionon thebasis ofall ofthe evidencesubmitted, both in writing and given orally at the Hearing, with due regard to the licensingobjectives, statutory guidance, and the Council’s adopted statement of LicensingPolicy.

Additionally, the Human Rights Act 1998, the Crime and Disorder Act 1998 and theEquality Act2010 were bornein mind whilst makingthe decision.

The Sub-Committee noted that none of the Responsible Authorities attended theHearing, but that a representation objecting to the variation of the licence wassubmitted by Environmental Health. The Sub-Committee noted that norepresentation had been received from Hampshire Constabulary, and that it wassatisfied withthe application.

The Sub-Committee heard from the Applicant and one local resident making arepresentation objecting to the application. A total of two representations werereceived in writingand were fullytaken into consideration.

The application for a variation to the current licence was to add Recorded and LiveMusic and increase the Supply by Retail of Alcohol from midnight to 01.00. LateNight Refreshmenthad notbeen requested asthis was already 01.00.

In lightof allthe above, the Sub-Committee:

RESOLVEDto grant the applicationfor avariation tothe premisesLicence subject  to the conditions offered by theApplicant andagreed asfollows:

1.  A noise limiter is to be supplied and installed by a qualified audio engineerand oncecompleted themaximum noiselevels seton thesystem areto beverified via an onsite test in the presence of the audio engineers. Oncecompleted a noise limiter verification certificate to the is to be sent toLicensing departmentof Southampton CityCouncil forapproval.

2.  To provide a written Noise Management Plan to include staff training on noise  limiting equipment.

3.  All music tocease at 10pmat thefront ofthe restaurant.

Reasons

Legislation provides for a presumption of the granting of a variation of a premiseslicence, subject to the determination of the application with a view to promoting the  licensing objectives inthe overall interests ofthe local community.

The Sub-Committee noted the concerns of the resident, which included a history ofcomplaints over the previous twelve months concerningthe operation of the business and the impact felt by the resident in the residential property directly above  theApplicant’s premises.

Any person, who made a valid representation, may appeal to the Magistrates’ Court againstthe decisionto grantthe applicationor againstany conditionsimposed.

Members of the public should be assured that where a licence is granted, anapplication fora reviewof thatlicence couldbe madewhere therewas evidencethat the  objectives were not being met. Formal notification of the decision would set out that right in full.

The Sub-Committee recommends that the residents of Hanover Buildings and theApplicant keep an open dialogue in relation to resolving any future problems, shouldthey arise.