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Election Of Chair
To appoint a Chair for the purposes of this meeting.
In accordance with S.14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, the hearing was held using video conferencing and the public were able to view a live stream of the proceedings using a web link published on the council website. This was in the interest of public safety given the isolation restrictions imposed by the Prime Minister as a result of the public health risks due to the Coronavirus or Covid-19. As a result, the Council offices were closed to the public and this licensing sub-committee was held remotely with parties to the hearing participating by way of conference call.
RESOLVED that Councillor Galton be elected as Chair for the purposes of this meeting.
Exclusion Of The Press And Public - Legal Advice
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 the 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 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.
This 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 application for variation of the premises licence at Southampton International Boat Show
Herbert Walker Avenue, Western Docks Southampton both in the written report presented to it by the Service Director – Communities, Culture and Homes, and by those who attended the hearing having made a representation.
It gave 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 noted that one representation objecting to the application was made by a local resident and that there were no representations from any of the Responsible Authorities.
RESOLVED that in light of all the above, the Sub-Committee determined to grant the application for a variation to the premises Licence.
The Sub-Committee heard from Lesley Robinson and David Rogers on behalf of the applicant. The Sub-Committee carefully considered the written objection and heard from the objector, George McIntosh who had made the representation.
Generally, the objector was concerned that granting the variation would lead to an increase in the negative impact of the event on residents of the local area. Accordingly, the Sub-Committee had to determine to what extent, if at all, the proposed variation would lead to additional issues.
The Sub-Committee noted that the neither the police nor any Responsible Authority had made any representation on this application and considered that there was not any evidence of significant weight concerning intrusive activities. The Sub-Committee heard of the measures the applicants would have in place to address these concerns.
The Sub-Committee noted that the applicant confirmed that the closing times for licensable activities were much earlier than set out on the license. The latest being 2130.
The Sub-Committee was pleased to receive confirmation that no alcohol or cans or bottles were to be taken off site and measures were in place to ensure this.
The Sub-Committee noted that the event had been planned under the current Covid restrictions, which allowed for a maximum of four thousand visitors per day.
There is a general right to review a premises licence, which can be brought by residents or responsible authorities. In the event that the premises causes issues of concern the licence, in its entirety, can be considered at that stage where the evidence supports it.
There is a right of appeal for all parties to the Magistrates’ Court. Formal notification of the decision will set out that right in full.