Agenda and minutes

RESOLVED that Councillor M Bunday, as Chair of the Licensing Committee, would be Chair for the purposes of this meeting.

The Chair noted that the hearing was a virtual meeting, with the participants to the hearing participating online.

The Sub-Committee would 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), would be invited to return immediately following that private session at which time the matter would be determined and the decision of the Sub-Committee announced.

The online live stream of the meeting would end when the Sub-Committee moved into private session and for the press and the public who had not attended in person the decision of the Sub-Committee would be published on the Council’s website.

To approve and sign as a correct record the Minutes of the meeting held on 20 July 2023  and to deal with any matters arising, attached.

RESOLVED: that the minutes for the Sub- Committee meeting on 20 July 2023 be approved and signed as a correct 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:

i)  That the Sub-Committee 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), would be invited to return immediately following that private session at which time the matter would be determined and decision of the Sub-Committee announced;

ii)  And that the online live stream of the meeting would end when the Sub-Committee moved into private session and for the press and the public who had not attended in person the decision of the Sub-Committee would be published on the Council’s website.

Hearing to consider an application for a variation of a premises licence in respect of  Ritas, 48-49 Oxford Street, Southampton SO14 3DP.

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

This hearing was held as a remote hearing with all parties attending virtually 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 a variation of the premises licence at Ritas,48-49 Oxford Street, Southampton, SO14 3DP. 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 Equality Act 2010 and The Crime and Disorder Act 1998 were borne in mind whilst making the decision.

The Sub-Committee made its decision on the basis of all the evidence submitted, both in writing and given orally at the hearing. 

The Sub-Committee noted that representation had been made by one resident in support of the application, and two residents and a local ward councillor on behalf of other residents objecting to it. No other responsible authority had made representations.

The application was for a variation to the current licensable hours. The applicant wished to extend live music by one hour, recorded music by half an hour, to extend the sale of alcohol by one hour and to make this both on and off the premises to allow deliveries, and extend the licensable area of the premises to include the front and back areas. The applicant also wanted to add late night refreshment, but this was withdrawn at the meeting.

The Sub-Committee heard evidence from the applicant, his representative, Mr Beavan, Mr Goodall, Mr Timberlake and Cllr Paffey, who spoke on behalf of Cllr Bogle, both orally at the hearing and in written representations.

Having considered all of the above the Sub-Committee decided to grant the variation of the licence in accordance with the application subject to the suggested additional conditions suggested by the Applicant in their application and their email dated 29 September 2023. The sub-committee also imposed the following condition:

a minimum of two SIA accredited staff shall be in attendance at the premises between 7:30pm until the close of the premises, every Friday and Saturday and the day preceding a Bank Holiday weekend or festive occasions (e.g. Christmas or Easter).

Noting that the application for late night refreshment was withdrawn, no decision was made on that application.

Reasons:

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 the overall interests of the community.

The Sub-Committee heard from local residents Mr Beavan, Mr Goodall and the local ward Councillor Paffey, opposing the application and the Applicant, his representative Mr Semper, and Mr Timberlake for the applicant Ritas.

The Sub-Committee has listened to the concerns of the local residents which included additional noise, crime and disorder.

Whilst the Sub-Committee noted the concerns of the residents, it noted that most of the concerns appeared to  ...  view the full minutes text for item 18.