Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Wednesday, 15th June, 2016 6.00 pm

Venue: Conference Room 3 - Civic Centre. View directions

Contact: Karen Wardle or Pat Wood - Democratic Support Officer  023 8083 2302

Items
No. Item

5.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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

6.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 70 KB

To approve and sign as a correct record the Minutes of the meeting held on 26 May 2016 and to deal with any matters arising, attached.

Minutes:

RESOLVED that the minutes of the meeting held on 26 May 2016 be approved and signed as a correct record.

7.

Exclusion Of The Press And Public

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

8.

Application for Variation of a Premises Licence - Scoozi Bar & Grill, 37A Oxford Street, Southampton SO14 3DP pdf icon PDF 12 MB

Application for Variation of a Premises Licence in respect of Scoozi Bar and Grill, 37a Oxford Street, Southampton SO14 3DP, attached.

Minutes:

The Sub-Committee considered the application for variation of a Premises Licence in respect of Scoozi Bar and Grill, 37A Oxford Street, Southampton SO14 3DP.

 

Mr Gray (Solicitor for Applicant), Ferit Ndoci (Applicant), Judith Williams and Reece Bridges, as witness (Local Residents) 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 variation for the premises licence be granted as applied for and subject to a recommendation.

 

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 variation of a premises licence at Scoozi Bar & Grill, 37A Oxford Street, Southampton SO14 3DP.  It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.  Human Rights legislation was borne in mind whilst making the decision.

 

The Sub-Committee heard concerns regarding the display of notices on site.  Further information was provided confirming that licensing enforcement officers had visited the premises, unannounced, and taken photographs of notices on display.

 

The Sub-Committee noted that the applicant had agreed conditions with the Police relating to:

·  CCTV

·  Challenge 25

·  Incident and refusals log

·  Training

·  Security officers

·  Polycarbonate glassware

·  Signage

·  Toilet checks

·  Last entry

 

The Sub-Committee noted representations made by two residents in relation to the application and heard oral evidence from one resident and her witness.

In consideration of all of the above the Sub-Committee has determined to approve the application as applied for and subject to a recommendation.

 

Reasons

 

The Sub-Committee considered very carefully the residents’ representations and in particular noted the following issues raised:

·  That sound travels from the area containing most licensed premises uphill towards the residential area;

·  That the number of premises creates a cumulative impact and that additional hours or an increase in licensable activities will further add to those issues;

·  An unofficial taxi rank forms encouraging patrons towards the residential area;

·  That customers are drawn away from the licenced premises towards the residential areas for parking;

·  That customers cause criminal damage, noise nuisance and commit offences including urinating in public places and drug taking;

·  The Human Rights Act requires a balancing exercise; and

·  A general lack of police presence.

 

The Sub-Committee did very carefully consider all these points, however accepted the point raised by the solicitor for the applicant relating to the causal link between these issues and the applicant’s premises in particular, as well as other licensed premises.  It is also noted that the resident mentioned nuisance arising from other premises providing other forms of entertainment including live and amplified music.  The Sub-Committee was mindful of the fact that the applicant’s premises are food led being mainly of restaurant use and with bar provision being ancillary to food.  The Sub-Committee did not accept assertions that the nature of the premises would  ...  view the full minutes text for item 8.