Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Wednesday, 28th November, 2018 6.00 pm

Venue: Conference Room 3 - Civic Centre. View directions

Contact: Emily Goodwin/Pat Wood - Democratic Support Officer  023 8083 2302

No. Item


Election Of Chair

To appoint a Chair for the purposes of this meeting.


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


Minutes Of The Previous Meetings (Including Matters Arising) pdf icon PDF 27 KB

To approve and sign as a correct record the Minutes of the meetings held on 17 October 2018 and 24 October 2018 and to deal with any matters arising.

Additional documents:


RESOLVED that the minutes of the Meeting held on 17 October 2018 and 24 October 2018 be approved and signed as a correct record.


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



Application for the grant of a new premises licence in respect of Cafe Fumee, Ground Floor Retail, Telephone House, 73 High Street Southampton SO14 2NW.


The Sub-Committee considered the report of the Service Director of Transactions and Universal Services for an application for a premises licence in respect of Cafe Fumee, Ground Floor Retail, Telephone House, 73 High Street Southampton SO14 2NW.


Mr Tarafdar (Applicant) and Elaine Jeffery (Principle Environmental Health Officer) 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 granted subject to the conditions agreed with the Police and Environmental Health


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 premises licence at Cafe Fumee, Ground Floor Retail, Telephone House, 73 High Street Southampton SO14 2NW.  It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. 


The Sub-Committee considered the representations, both written and given orally today, by all parties.  Human rights and equalities legislation have been borne in mind whilst making the decision.


The Sub-Committee noted that representations had been received from Environmental Health and the Police.  Conditions had been agreed with the Police prior to the hearing and on that basis the Police did not feel a hearing was necessary and therefore did not attend.  A condition had been proposed by Environmental Health who had objected on the basis of public nuisance arising from smoke, odour and noise resulting predominantly from the use of outside areas.


The applicant attended the hearing and confirmed agreement of the proposed condition as set out in the papers namely the representation from Environmental Health.  The Sub-Committee was accordingly advised that there remained no issue to determine and it accordingly endorsed the agreement reached between the parties during the course of the hearing.


In light of all the above, the Sub-Committee determined to grant the application as applied for and in accordance with the operating schedule which shall form the basis of conditions attached to the licence, conditions agreed with the police in advance of the hearing and the condition proposed by Environmental Health at the hearing and amended to read as follows for clarity.


“Alcohol shall not be sold or supplied at the premises otherwise than to persons taking table meals there and for consumption by such a person as ancillary to their meal.”




The Sub-Committee accepted legal advice that it had no option other than to endorse the agreement as set out above and grant the licence in accordance with all the conditions agreed between the parties and those to be applied in accordance with the operating schedule.


There is a right of appeal for all parties to the Magistrates’ Court.  Formal notification of the decision will set out that right in full.