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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.
The Sub-Committee considered very carefully the report of the Service Director – Communities, Culture and Homes. Representations by all the parties present at the hearing as well as written representations were also fully taken into consideration. The Sub-Committee received emails from responsible authorities, after the report had been submitted and those were taken into consideration.
The Sub-Committee considered the representations, both written and given orally by all parties. The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 were considered whilst making the decision.
Due regard was 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.
The Sub-Committee noted that the premises fell within the Cumulative Impact Zone and in accordance with the City Council’s adopted statement of licensing policy there was an onus on the applicant to demonstrate, on a balance of probabilities, that the premises would not add to the cumulative impact.
The Sub-Committee also took into account that Hampshire Constabulary, Environmental Health and Licensing had agreed conditions be placed on the licence should it be granted.
The Sub-Committee noted that no other Responsible Authorities had made representations to the Hearing. Having considered all of the above the Sub-Committee:
RESOLVED to grant the licence in accordance with the application save the following conditions:
• Licensable activity would be as follows:
Sunday 10.00am - 11.30pm
Monday 10.00am - 11.30pm
Tuesday 10.00am - 11.30pm
Wednesday 10.00am - 11.30pm
Thursday 10.00am - 12.30am
Friday 10.00am - 01.30am
Saturday 10.00am - 01.30am
• The premises will close 30 minutes after licensable activity ends.
• The hours of operation of the premises and this includes all licensable activity shall not exceed the times set by the planning permission relevant to each part of the premises.
• Within a period of 3 calendar months from the first date of opening to paying customers any Designated Premises Supervisor (DPS) for the premises shall not be a DPS for any other premises at the same time.
• No emptying of bottles or glass outside between 21.00 and 09.00 hours
• The external doors and windows to be closed during live music performance, except for access and egress
• The sound level will be such that the level of music is not audible at nuisance level at the boundary of the nearest noise sensitive property at any time
The Sub-Committee noted the representations received by the local residents and that the appropriate Responsible Authorities had been in contact with the applicant and had imposed conditions on the license, which were agreed by the applicant.
The Sub-Committee heard from local residents and were also addressed by the applicant, Mr Anthony Ferreira, PC Mark Hawley, Hampshire Constabulary, Phil Bates, Licensing Manager Southampton City Council.
The Sub-Committee noted that some of the objections were irrelevant to the licensing objectives such as planning issues. Whilst some of the public nuisance issues were related to other ... view the full minutes text for item 21.