Agenda and minutes

Venue: West Wing Conference Room, Civic Centre

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

Items
No. Item

54.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

In accordance with S.14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public were excluded from the hearing. This was in the interest of public safety given the isolation restrictions imposed by the Prime Minister as a result of the public health risks due to the Coronavirus or Covid-19. As a result the Council offices were closed to the public and this licensing sub-committee was being held remotely with parties to the hearing participating by way of conference call.

 

 

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

55.

Exclusion Of The Press And Public

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 items XXXXXX based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules.
The information contained therein is potentially exempt as it relates to individual personal details and information held under
data protection legislation. Having applied the public interest test it is not appropriate to disclose this information as the individuals' legal expectation of privacy outweighs the public interest in the exempt information.

Minutes:

The Chair moved 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 item 7 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules. The information contained therein is potentially exempt as it relates to individual personal details and information held under data protection legislation.

 

RESOLVEDthat having applied the public interest test the hearing should proceed with the press and public excluded.

 

 

 

56.

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.

Minutes:

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 will be distributed to all parties to the hearing.

 

 

57.

APPLICATION FOR REVIEW OF PREMISES LICENCE - PRE BAR, 16 BEVOIS VALLEY ROAD, BEVOIS VALLEY, SOUTHAMPTON SO14 0JP

Application for review of premises licence in respect of Pre Bar, 16 Bevois Valley Road, Bevois Valley, Southampton SO14 0JP.

Minutes:

The Sub-Committee considered the report of the Service Director – Communities, Culture and Homes for an application for review of a premises licence in respect of Pre Bar 16 Bevois Valley Road Bevois Valley Southampton SO14 OJP

 

Representatives of the premises licence holder, Hampshire Constabulary and the Licensing Manager 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 conditions would be imposed on the Premises Licence as proposed by the police in Appendix F of the review application.

 

Following that private session, at which time the matter would be determined, written confirmation of the decision of the Sub-Committee will be distributed to all parties to the hearing.

 

After private deliberation the Sub-Committee had determined the matter and all parties to the hearing were notified of the following decision:

 

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

 

The Sub-Committee determined that in accordance with S.14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public were excluded from all of the hearing. This was in the interest of public safety given the isolation restrictions imposed by the Prime Minister as a result of the public health risks due to the Coronavirus or Covid-19. As a result the Council offices were closed to the public and this licensing sub-committee was being held remotely with parties to the hearing participating by way of conference call.

 

The Sub-Committee determined that the hearing should proceed with the press and public excluded.  This decision was made in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. The papers contain allegations relating to criminal offences and personal details and it was determined that the public interest in doing so outweighed the public interest in the hearing in accordance with Regulation 14.

 

The Sub-Committee has considered very carefully the application of Hampshire Constabulary for review of the Premises Licence.  In addition, the representations by all the parties present at the hearing as well as written representations were also fully taken into consideration.

 

The application for summary review brought by the Police was supported by representations from Safeguarding Children.

 

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

 

In light of all of the above the Sub-Committee has determined to impose conditions on the Premises Licence as proposed by the police in Appendix F of the review application.

 

Reasons:

 

The Sub-Committee heard evidence from Hampshire Constabulary of serious offences in and around the premises that raised concern in respect of the Licensing Objectives of the prevention of crime and disorder, public nuisance and the protection of children from harm.  This was of concern to the Sub-Committee as was the fact that the Premises Licence Holder did not initially engage with the police when  ...  view the full minutes text for item 57.