Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Wednesday, 27th July, 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

9.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

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

10.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 65 KB

To approve and sign as a correct record the Minutes of the meeting held on 15 June 2016  and to deal with any matters arising, attached.

Minutes:

RESOLVED that the minutes of the meeting held on 15 June 2016 be approved and signed as a correct record.

 

11.

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.

12.

Application for Grant of a Premises Licence - Tramstop Bar, 186-188 Portswood Road, Southampton SO17 2NJ pdf icon PDF 9 MB

Application for Grant of a Premises Licence – Tramstop, 186-188 Portswood Road, Southampton SO17 2NJ, attached.

Minutes:

The Sub-Committee considered the application for grant of a premises licence in respect of Tramstop Bar, 186-188 Portswood Road, Southampton SO17 2NJ.

 

Mr Ventham (Applicant), Mr Underhill (Solicitor), Mr Lucker (DPS), Dr Buckle, Mrs Jameson, Mr Chipp, Dr E Parker, Dr J Parker, Dr Ashurst (Local Residents) and Councillor Claisse (Ward Councillor) 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 a premises licence be granted.

 

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 a premises licence at Tramstop Bar, 186-188 Portswood Road, Southampton SO17 2NJ. 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. Human rights legislation has been borne in mind whilst making the decision.

 

It was noted that the application was amended by the applicant during the course of the hearing to confirm that alcohol sales at the premises shall cease as 23:00 hours 7 days a week, that live music shall only be permitted inside the premises and that recorded music shall cease at 23:00 hours.

 

The Sub-Committee has determined that the application should be approved as amended.

 

Reasons

 

The Sub-Committee noted that no representation had been received from any of the responsible authorities but notably from Hampshire Constabulary nor Environmental Health.  In the absence of representation, the assumption must be that the responsible authorities are satisfied with the application.  Extensive conditions are proposed by the applicant and attached within the papers labelled “Appendix” and dealing with CCTV, incident book, refusals book, Challenge 25, training, toilet checks, dispersal policy, authorisation, door staff and external areas.

 

The Sub-Committee heard evidence from residents raising concerns regarding the potential for an increase in nuisance and crime and disorder as a result of an additional premises selling alcohol in this location, as well as noise emanating from the premises.  Whilst the Sub-Committee strongly sympathises with these concerns it was forced to consider whether the evidence presented was sufficient to make it appropriate in all the circumstances to refuse the licence or restrict the operation of the premises. 

 

The Sub-Committee heard evidence from the applicant that the premises is intended to be used as a restaurant / café with alcohol being ancillary to food provision.  Live and recorded music was requested on the basis of background music rather than as a primary function.  It was stressed by evidence given by the applicant that live music would typically consist of a single person playing a guitar.  Having carefully considered the plan, the Sub-Committee is not convinced that the bar area located immediately on entrance is of sufficient size to enable  ...  view the full minutes text for item 12.