Issue - meetings

Application for a variation of premises licence - Black Diamond, Basement, 35 London Road, Southampton SO15 2AD.

The Sub-Committee considered the report of the Service Director of Transactions and Universal Services for an application for a variation of a premises licence in respect of Black Diamond, Basement, 35 London Road, Southampton SO15 2AD.

The Licensing Manager, the applicant’s solicitor together with a Director of the applicant company and her husband, the proposed manager for the premises, a local objector and Hampshire Constabulary 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 application be granted as amended and subject to additional conditions.

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 Black Diamond, Basement, 35 London Road, Southampton SO15 2AD.  It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policyand in particular the relevant Cumulative Impact Policy.

Human Rights and Equality legislation was borne in mind whilst making the decision.

The Sub-Committee noted that representations had been made by a number of residents and Hampshire Constabulary. 

The Sub-Committee also noted that the application was amended

·  so that the terminal hour is 0430 hours for all licensable activities.  The premises will close at 0500 hours

·  Late Night Refreshment to be Indoors only

·  Supply of Alcohol to be for consumption both on the premises and off the premises but off sales are restricted to pre-purchased bottles no smaller than 70 cl which have been resealed by the premises

During the hearing the solicitor for the Applicant and the Police representative confirmed agreement of a number of additional conditions which were provided to the Sub-Committee, as attached, these to replace 

the conditions submitted by the applicant as part of their operating schedule (paragraph M(b) in the original application) apart from the condition that the “Permitted hours for licensable activities beyond 0200 hours (00.30 on Sundays) shall only be permissible when the premises are operating as a Sexual Entertainment Venue” which remains. 

The Police representative confirmed to the Sub-Committee that in view of the agreed conditions Hampshire Constabulary would accept that the application will now not add to the Cumulative Impact already experienced within the designated area.

In light of all the above, the Sub-Committee has determined to grant the amended application subject to the additional conditions.

Reasons

The Sub-Committee heard from the applicant’s representative, a Director of the company and the proposed Premises Manager.

Generally, the objectors are concerned that the variation sought will adversely impact all four licensing objectives, but particularly lead to an increase in public nuisance, crime and disorder. 

One objector made representations at the hearing and was especially concerned about the safety of persons coming to the premises, the problems that would be generated by the proposed smoking area  ...  view the full minutes text for item 19