Agenda and minutes

RESOLVED that Councillor Cooper be appointed as Chair for the Purposes of this meeting.

To approve and sign as a correct record the Minutes of the meeting held on 9 July 2025 and to deal with any matters arising, attached.

RESOLVED: that the minutes for the Panel meeting on 9 July 2025 be approved and signed as a correct record.

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 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 the Sub-Committee would move into private session in order to receive legal advice when determining issues. The parties to the hearing, press and 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.

That all parties would receive formal written confirmation of the decision and reasons.

The Sub-Committee considered very carefully the application for a premises licence at KFC, Antelope Park, Bursledon Road, Southampton. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.  The Human Rights Act 1998, the Crime and Disorder Act 1998 and the Equality Act 2010 were borne in mind whilst making the decision.

The Sub-Committee made its decision on the basis of all of the evidence submitted, both in writing and given orally at the Hearing.

The Sub-Committee noted that no responsible authority had made representations other than Environmental Health but agreement had now been reached between the applicant and Environmental Health for the addition of agreed conditions.

The application was for a premises licence to allow for late night refreshment between the hours of 11-00 pm and 05:00 am the next day every day; but drive through and delivery only after midnight.

By agreement with Environmental Health the application was amended to the following hours:

Sunday (non-bank holidays) to Thursday 23:00 to midnight

Friday, Saturday and Sundays (prior to bank holidays) 23:00 to 02:00 the following day. Drive through and delivery only, after midnight.

The Sub-Committee heard oral evidence and representations on behalf of the applicant and from a number of residential objectors together with the ward councillor.

Considering all the above, the Sub-Committee has decided to grant the application, subject to the amendment made and the additional conditions agreed with Environmental Health and set out in the email exchange between the Applicant and Matthew Taylor dated 18^th July 2025. The Sub-Committee also added a condition as follows:

The Applicant will place notices in prominent positions at the drive through requesting that patrons are respectful to local residents by reducing the volume of their car engines and music systems while at the premises.

Reasons

The Sub-Committee received legal advice that the legislation provides for a presumption of the granting of a premises licence, subject to the determination of the application with a view to promoting the licensing objectives in light of representations made.

Legal advice was also provided that the Sub-Committee should regard the Responsible Authorities as experts in their respective fields. Environmental Health was the only responsible authority which made a representation, and this was withdrawn when agreement was reached on conditions.

The Sub-Committee is entitled to assume that the responsible authorities are satisfied that the application with the agreed conditions would not adversely impact the licensing objectives. The Sub-Committee was reminded that it had to make its decision based on factual evidence and caselaw prevents any reliance on speculation.

The Sub-Committee noted the serious concerns of the residents, which included noise, and anti-social behaviour. The Sub-Committee was aware that many historic problems arose from the previous franchisee and that there was now a different franchisee in place.

The conditions offered and agreed were aimed at the issues raised and the Sub-Committee took  ...  view the full minutes text for item 8.