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 21st October 2015 and to deal with any matters arising, attached.

RESOLVED: that the Minutes of the meeting held on 24th October 2015 be approved and signed as a correct record.

RESOLVED 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 decision.

Report of the Head of Legal and Democratic Services detailing an application for a variation of a premises licence in respect of Premier Express, 19 Addis Square, Portswood Road, SO17 2NE, attached.

The Sub-Committee considered the application for a variation of a premises licence in respect of Premier Express, 19 Addis Square, Portswood Road, SO17 2NE.

PC Boucouvalas and PC Cherry (Hampshire Constabulary), Jane Clarke (local resident), Adrian Vinson (Highfield Residents Association) and Councillor Claisse (ward councillor) were present and with the consent of the Chair, addressed the meeting.

In accordance with Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005 the Sub-Committee determined to proceed with the hearing in the absence of the applicant.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act (Hearings) Regulations 2005.

RESOLVED that the application for a variation of a premises licence be granted in part, and with additional conditions as agreed with Hampshire Constabulary.

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

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

The Sub-Committee has considered very carefully the application for a variation of a premises licence at Premier Express, 19 Addis Square, Portswood Road, SO17 2NE.

The Sub-Committee considered representations, both written and given orally today.  Due regard was given to the Adopted Statement of Licensing Policy, the Licensing Act 2003 (and regulations thereunder) and the statutory guidance. Human rights legislation has been borne in mind whilst making the decision. 

The Sub-Committee had to consider whether the hearing should proceed in the absence of the applicant.  An email had been received in advance of the hearing from the applicant and legal advice was accepted that this could be considered in light of it having been received by the Licensing Authority in advance of the hearing (despite the other parties not having seen it in advance).  The email in effect spoke to the application but did not indicate whether the applicant intended to attend.

The Police were in attendance at the hearing to assist with enquiries.  Legal advice was accepted that in light of the apparent agreement reached between the applicant and the Police it would not be appropriate for the Sub-Committee to hear evidence from the Police in the applicant’s absence.  The parties were invited to make representation as to whether the application should be adjourned or should proceed in the applicant’s absence (and without the Police taking part).  All the parties (present) agreed that the hearing should proceed.  After consideration the Sub-Committee determined to proceed and consider the application.

The Sub-Committee heard representations from the parties present in expanding upon their written representations.  The Sub-Committee also considered very carefully the written representation of the applicant including the additional email.

The Sub-Committee noted that the applicant has amended the application after discussion with Hampshire Constabulary making the closing time 01:00 Monday – Sunday.  It was also agreed that the following conditions be imposed, in addition to what is already in place under Annex 3 of the licence:

·  Staffing Levels - After 23:00 hours, there will be a minimum of two members of staff on duty at the premises until closing  ...  view the full minutes text for item 23.