Issue - meetings

Application for grant of a premises licence in respect of Tony's Kebab Centre, Site at Speedwell House, West Quay Road, Southampton SO15 1GZ, attached.

The Sub-Committee waited until 9:45 to determine if the applicant would be present at the meeting.

The applicant having failed to attend the hearing the Sub-Committee was referred to regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005.  It was noted that the applicant had emailed the authority and was aware of the time and date of the hearing and had given no explanation for his failure to attend.  The one objector had arranged representation and a senior member of staff to attend the hearing.  The Sub-Committee heard that adjourning the hearing would lead to additional, significant cost for the objector.  Whilst noting that the applicants’ absence would mean an inability to present evidence or answer questions, the Sub-Committee none the less determined that the hearing should proceed.

The Sub-Committee considered the application for grant of a premises licence for Tony’s Kebab Centre, sited at Speedwell House, West Quay Road, Southampton SO15 1GZ.

Representing Richmond Hyundai Mr Clive Griffiths (Objector), Mr Mark Withers (Solicitor) and Ms Claudia Mihai (Solicitor), 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 grant of a premises licence for Tony’s Kebab Centre, sited at Speedwell House, West Quay Road, Southampton SO15 1GZ be refused.

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 applicant having failed to attend the hearing the Sub-Committee was referred to regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005.  It was noted that the applicant had emailed the authority and was aware of the time and date of the hearing and had given no explanation for his failure to attend.  The one objector had arranged representation and a senior member of staff to attend the hearing.  The Sub-Committee heard that adjourning the hearing would lead to additional, significant cost for the objector.  Whilst noting that the applicants’ absence would mean an inability to present evidence or answer questions, the Sub-Committee none the less determined that the hearing should proceed.

The Sub-Committee has considered very carefully the application for a premises licence for Tony’s Kebab Centre, sited at Speedwell House, West Quay Road, Southampton SO15 1GZ.

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 (in particular the application documents and operating schedule). Human rights legislation has been borne in mind whilst making the decision. 

Having considered all the above evidence and after having heard from those present, the Sub-Committee has determined to refuse the Premises Licence.

Reasons

The Sub-Committee heard evidence from a business having control of sites on both sides of the site for the proposed premises licence.  The business is intending to invest between £2 and  ...  view the full minutes text for item 46