Agenda and minutes

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

RESOLVED that the Sub-Committee move into private session in order to receive legal advice when determining issues.  Following that private session, at which time the matter would be determined, written confirmation of the decision of the Sub-Committee would be distributed to all parties to the hearing.

The Sub-Committee considered very carefully the application for a premises licence at Dhaliwal Two Store, 31 Onslow Road, Southampton SO14 0JH in the report of the Service Director, Communities, Culture and Homes. It gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.

The Sub-Committee considered the application as submitted, including the representation from the objector, Mrs. Salina Rahman-Khan, who did not attend. The Sub-Committee heard from Mrs. Anuragpreet Kaur, the applicant and her son Mr Garry Singh, as well as her representative, Mr Semper.

The Sub-Committee considered the representations, both written and given orally at the hearing by all parties. The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 were considered whilst making the decision.

It was noted that the proposed conditions as set out in the application were deemed as satisfactory by Hampshire Constabulary and Trading Standards and that Environmental Health – Licensing and the Fire Service found the application to be satisfactory also.

The Sub-Committee noted that the objections related to historic issues at the premises which concerned problems later in the evening. There were no current concerns raised by Environmental Health or Hampshire Constabulary. The Sub- Committee was satisfied that the allegations made against the applicant were unfounded.

The Sub-Committee was advised that as the premises fell within the cumulative impact area the presumption of grant provided for by the legislation is reversed. There is a rebuttable presumption to refuse the licence. To rebut that presumption the applicant needs to satisfy the Sub-Committee that the operation of its premises will not add to the cumulative impact already being experienced.

Nevertheless, in light of all the above the Sub-Committee:

RESOLVED that the application should be granted, subject to the conditions agreed with Hampshire Constabulary and Trading Standards as set out. For clarity, the conditions imposed were those as set out in section M of the application to include limiting the floor space for alcohol display and limiting the supply of alcohol between the hours of 7:00am and 11:00pm every day.

Reasons

The Sub-Committee considered the representation which objected to the application. It noted the concerns in respect of the licensing objectives that were raised. Hampshire Constabulary made no representation against this application and were aware that the proposed DPS would be at two stores. The Applicant satisfied the Sub-Committee that the concerns were unfounded.

The Sub-Committee also carefully considered the representations made in support of the application. The applicant acknowledged that the application was within the cumulative impact area and had factored this within the operating schedule.

Weighing up all of the above, the Sub-Committee did not consider it would be appropriate or proportionate to refuse the application at the time on the basis of the evidence presented. The Sub-Committee concluded that it would be appropriate and proportionate to grant the licence subject to the conditions and stated hours.

The Sub-Committee felt able to depart from its policy  ...  view the full minutes text for item 50.