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 24th June 2015 and to deal with any matters arising, attached.

RESOLVED: that the Minutes of the meeting held on 24th June 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 variation of a premises licence in respect of Cricketers Arms, 34 Carlton Place, SO15 2DX, attached.

The Sub-Committee considered an application for a variation of a premises licence in respect of the Cricketers Arms, 34 Carlton Place, SO15 2DX.

Spencer Harrison (applicant), Cliff Morris (agent), Jackie Cherry and Alex Boucouvalas (Hants Constabulary), Gavin Derrick (Environmental Health – SCC) and Lorraine Barter and Steve Eddy (residential objectors) 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 application for a variation of a premises licence be refused.

After private deliberation the Sub-Committee reconvened and the Chair read 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 Cricketers Arms, 34 Carlton Place, Southampton SO15 2DX.  It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy, in particular the Cumulative Impact Policy.  Human Rights legislation was borne in mind whilst making the decision.

The Committee noted in particular that:-

• one effect of the CIP is that a rebuttable presumption applies to applications for premises licences.
• The rebuttable presumption is that such applications shall ordinarily be refused.
• Licensing Policy CIP2 16.9 provides that the onus is upon applicants to demonstrate through their Operating Schedule and where appropriate supporting evidence that the operation of the premises will not add to the cumulative impact already being experienced.

The Sub-Committee noted that the applicant had agreed conditions with the Police but the following remained in dispute:

Conditions relating to:

·  additional training requirements

·  Polycarbonate glassware

·  The Last Entry time at the premises

·  ID Scanning

Despite agreeing certain conditions and proposing further conditions the Police in their evidence made it clear that their view remained that the application should be refused. 

The Sub-Committee noted representations made by residents, Environmental Health and the Police in relation to the application and evidence was heard from all of the parties at the hearing.

In consideration of all of the above the Sub-Committee has determined to refuse the application.

Reasons

The Sub-Committee considered very carefully the application including but not limited to the following points:

·  The premises has a, relatively speaking, small capacity.

·  The clientele at the premises is mature and is a niche market.

·  The premises is very different to those around it being a small pub rather than a large nightclub, the clientele at the premises do not feed into local nightclubs.

·  That no entry or re-entry to the premises shall be permitted after 12:50 hours.

·  That a later terminal hour would mean that patrons leave the premises over a longer period, dispersing gradually.

·  That patrons currently leave the premises at a time that has been identified as a peak period for crime and disorder in the area.

·  That the premises are well-run and has a low incidence of crime and disorder and noise nuisance complaint at or from the premises  ...  view the full minutes text for item 12.