Agenda and minutes

Venue: Virtual meeting

Contact: Emily Goodwin/Pat Wood - Democratic Support Officer  023 8083 2302

Link: link to meeting

Items
No. Item

15.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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 Renyard be elected as Chair for the purposes of this meeting.

16.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 191 KB

To approve and sign as a correct record the Minutes of the meeting held on 12 August 2020 and to deal with any matters arising, attached.

Minutes:

RESOLVED that the minutes of the meeting held on 12 August 2020 be approved and signed as a correct record.

17.

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.

Minutes:

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.

18.

APPLICATION FOR A SUMMARY REVIEW OF A PREMISES LICENCE-IROKO LOUNGE, 11 ONSLOW ROAD, SOUTHAMPTON SO14 0JD pdf icon PDF 3 MB

Application for a summary review of the premises licence in respect of Iroko Lounge, 11 Onslow Road, Southampton SO14 0JD

Minutes:

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

 

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 has considered very carefully the certificate of Superintendent Whiting, the application for summary review and the interim steps imposed at the previous Hearing.  In addition, the representations by all the parties present at the hearing as well as written representations were also fully taken into consideration. 

 

It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.

 

The Sub-Committee considered the representations, both written and given orally today, by all parties.  The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 have been considered whilst making the decision.

 

The Sub-Committee has considered all the options set out in section 53B of the Licensing Act 2003 (namely):

·  modification of the current conditions of the premises licence

·  exclusion of the sale of alcohol from the current permissions of the premises licence

·  removal of the designated premises supervisor from the licence

·  suspension of the licence.

 

The application for summary review brought by the Police was supported by Trading Standards, Environmental Health, the Licensing Authority and Mr Chester a local resident.  The Sub-Committee heard from Mr Day for the Licence Holder, PC Swallow, Mr Bates for the Licensing Authority and Mr Chester. Latterly the sub-committee was also able to hear from Mr Rahman the Licence Holder.

 

Due regard has been given to the provisions of the Licensing Act 2003, including the statutory licensing objectives, the statutory guidance and the City Council’s adopted statement of licensing policy. Human rights legislation has been borne in mind.

 

The Sub-Committee has also considered the interim steps taken on 1 September 2020 and whether they should continue.

 

The sub-Committee also took into account that a dialogue between the Licence Holder and the police had produced conditions that were agreeable to both.

In light of all of the above the Sub-Committee has determined to suspend the premises licence up to and including 18th November 2020. The interim step of suspension will remain in place until this decision takes effect.

 

At the end of the suspension the licence will be subject to the following revisions to its conditions:

 

That the hours be varied as follows:

 

The sale of alcohol from 10:00 until 23:30 hours daily (for consumption on the premises only)

Hours the premises are open to the public to be from 10:00 until 00:00 hours each day.

The provision of late night refreshment from 23:00 until 00:00 hours each day.

 

The removal of all conditions (embedded restrictions) in Annex 2 on the current licence but with the replacement of condition 3 with the following:

 

“The premises shall operate as a restaurant and to that end:

Substantial meals appropriate for the time of day shall be available at all  ...  view the full minutes text for item 18.