Agenda and minutes

RESOLVED that Councillor Tucker be elected as Chair for the purposes of this meeting.

To approve and sign as a correct record the Minutes of the meeting held on 1st October 2015 and to deal with any matters arising, attached.

RESOLVED: that the Minutes of the meeting held on 1^st October 2015 be approved and signed as a correct record.

(i)  Chair to move that in accordance with the Council's Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of the following item based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules.

This report includes details and information that is classed as exempt from publication in accordance with the Council's Constitution and specifically Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules due to the identification of individuals and sensitive details of an ongoing police investigation. Accordingly, the report has not been published at this stage.

(ii)  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

(i)  that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 the Sub-Committee determined to exclude the press and public from all of the hearing after consideration of the public interest; and

(ii)  that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the parties to the hearing, press and public be excluded at a predetermined point whilst the Sub-Committee reaches its decisions.

Report of the Head of Legal and Democratic Services, detailing an application for a summary review of the premises licence in respect of SNA Supermarket, 11 Manor Farm Road, Southampton SO18 1NN, attached.

The Sub-Committee considered the application for a summary review of premises licence in respect of SNA Supermarket, 11 Manor Farm Road, Southampton SO18 1NN.

Lucas Marshall (Trading Standards – SCC) and PC Boucouvalas and PC Cherry (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 premises licence be revoked and that the interim steps determined on 1 October 2015 i.e. the suspension of the premises licence and removal of the designated premises supervisor, remain in force pending any appeal.

After private deliberation the Sub-Committee reconvened and the Chair read the following decision:-

All parties will receive written notification of the decision with reasons.

The Sub-Committee determined that the hearing should proceed with the press and public excluded in that the public interest in so doing outweighed the public interest in the hearing taking place in public, in view of the continuing Police investigation and the sensitivity of the information disclosed within the appendices to the report and discussed in the course of the hearing.

The Sub-Committee has considered very carefully the application by the Police for summary review of the premises licence for SNA Supermarket, 11 Manor Farm Road, Bitterne Park, Southampton SO18 1NN.

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

The Sub-Committee notes that, following suspension of the premises licence and removal of the designated premises supervisor on 1 October 2015 as interim steps, the premises licence holders did not seek to make representations against that decision by the Sub-Committee.

The Sub-Committee has determined to revoke the premises licence for SNA Supermarket, 11 Manor Farm Road, under section 53C of the Licensing Act 2003.

The Sub-Committee has also determined that the interim steps determined on 1 October 2015 i.e. the suspension of the premises licence and removal of the designated premises supervisor, should remain in force pending any appeal.

Reasons

The Sub-Committee has considered very carefully the certificate of Superintendent Fulton, all the evidence submitted by the Police and the representation by Trading Standards, both written and given orally today, and the written representations provided by the premises licence holders’ Solicitors.

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

(a)  the modification of the conditions of the premises licence,

(b)  the exclusion of a licensable activity from the scope of the licence,

(c)  the removal of the designated premises supervisor from the licence,

(d)  the suspension of the licence for a period not exceeding three months,

(e)  the revocation of the licence.

The Sub-Committee considers that the alleged serious criminal offences involving persons concerned with the business conducted at those premises, including one of the  ...  view the full minutes text for item 19.