Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED that Councillor M Bunday as Chair of the Licensing Committtee would be Chair for the purposes of this meeting

To approve and sign as a correct record the Minutes of the meetings held on 20 November 2024 and 28 November 2024 and to deal with any matters arising, attached.

The minutes of the meetings held on 20 and 28 November 2024 were approved as an accurate record.

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 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, the Sub-Committee would move into private session in order to receive legal advice when determining the application. The parties to the hearing, press and public, unless otherwise excluded by the Licensing Act 2003 (Hearings) Regulations 2005, would be invited to return immediately following that private session at which time the decision would be announced.

All parties will receive formal written confirmation of the decision and reasons.

This hearing was held as a hybrid hearing with some attendees attending virtually using Microsoft Teams and a number attending in person at the Civic centre, Southampton.

The Sub-Committee has considered very carefully the application for grant of a premises licence for Avenue Road Local 92 Avenue Road Southampton SO14 6TX as submitted.

It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17.

The Sub-Committee made its decision on the basis of all of the evidence submitted, both in writing and given orally at the Hearing.

The Sub-Committee considered evidence from the applicant, and a number of residential objectors.

The Sub-Committee noted that none of the Responsible Authorities had made representations and were therefore deemed to be satisfied that the application would not undermine the licensing objectives.

Having considered all the above, the Sub-Committee agreed to grant the licence in accordance with the application covering the following licensable activities during the following hours:

Provision of late-night refreshment

Monday 23:00 - 01:00

Tuesday 23:00 - 01:00

Wednesday 23:00 - 01:00

Thursday 23:00 - 01:00

Friday 23:00 - 01:00

Saturday 23:00 - 01:00

Sunday 23:00 - 01:00

Supply by retail of alcohol

Monday 06:00 - 01:00

Tuesday 06:00 - 01:00

Wednesday 06:00 - 01:00

Thursday 06:00 - 01:00

Friday 06:00 - 01:00

Saturday 06:00 - 01:00

Sunday 06:00 - 01:00

The grant would be subject to an additional condition that the premises will ensure that there are at least 2 members of staff on duty after the hour of 11-00 p.m. This is to support the licensing objectives of prevention of crime and disorder and public nuisance.

Reasons:

The Sub-Committee has listened to the concerns of the residential objectors and had no doubts about the sincerity of those concerns.  However, the Sub-Committee is bound by the legal position and had to take into consideration that the legislation provides for a presumption of grant of an application for a variation of a premises licence, unless there was evidence of issues which could not be met with conditions. 

Additionally, the Sub-Committee is bound by the case law as referred to by the Applicant’s representative, that evidence is required, and speculation does not amount to evidence. However compelling a scenario may be, it remains a speculative scenario as to what might happen.

The Sub-Committee is also bound to accept that the Responsible Authorities are deemed to be experts in their fields and there were no representations from the police on crime and disorder and environmental health on public nuisance.

Whilst the Applicant had indicated that there would be two members of staff on duty after 11-00 pm there was an element of confusion and so the Sub-Committee felt it appropriate to make this a condition for the reasons previously outlined above.

Members of  ...  view the full minutes text for item 39.