Agenda and minutes

RESOLVED that Councillor Cooper be appointed as Chair for the purposes of this meeting.

To approve and sign as a correct record the Minutes of the meeting held on 5 March 2025 and to deal with any matters arising, attached.

The minutes of the meeting held on 5 March 2025 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.

To consider the application for the Variation of the Premises Licence - Cricketers Arms, 60-62 Portsmouth Road, Woolston Southampton SO19 9AF

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

The Sub-Committee considered very carefully the application for a variation of the premises licence at The Cricketers Arms, 60-62 Portsmouth Road, Woolston. 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 Crime and Disorder Act 1998 and the Equality Act 2010 were borne in mind whilst making the decision.

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 noted that no responsible authority had made representations other than Environmental Health but agreement had now been reached between the applicant and Environmental Health for the addition of agreed conditions.

The application was for a variation to include additional licensable activities of Films (Indoors & outdoors), Indoor sporting events, and an increase in hours for Live music (Indoors & outdoors), Recorded music (Indoors & outdoors), Performance of dance (Indoors & outdoors), anything of a similar description to live music, recorded music and performance of dance (Indoors & outdoors) and late night refreshment.

The Sub-Committee heard oral evidence and representations on behalf of the applicant and from a number of residential objectors together with two ward councillors.

At the hearing the applicant confirmed that the application relating to live music was withdrawn and that conditions had been agreed with Environmental Health.

Considering all the above, the Sub-Committee has decided to grant the application, subject to the amendment made and the additional conditions confirmed at the hearing.

Reasons

The Sub-Committee received legal advice that the legislation provides for a presumption of the granting of a variation of a premises licence, subject to the determination of the application with a view to promoting the licensing objectives in light of representations made.

Legal advice was also provided that the Sub-Committee should regard the Responsible Authorities as experts in their respective fields. Both the police and Environmental Health had agreed conditions, and the Sub-Committee is entitled to assume that both are satisfied that the application with the agreed conditions would not adversely impact the licensing objectives. The Sub-Committee was reminded that it had to make its decision based on factual evidence and caselaw prevents any reliance on speculation.

The Sub-Committee noted the concerns of the residents, which included noise, and anti-social behaviour, but also noted that there was a lack of specific issues and some speculation. Had complaints previously been made to the police, environmental health or the licensing authority with regard to the premises then those responsible authorities might have taken a different view.

As it is the Sub-Committee was satisfied that there had been no complaints regarding the operation of the premises to either Licensing or the Responsible Authorities previously.

The amended variation is granted subject to the conditions agreed with the police and set out in the application and the conditions agreed with Environmental Health which are contained in the bullet points  ...  view the full minutes text for item 4.