Agenda and minutes

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

To approve and sign as a correct record the Minutes of the meetings held on 4 May 2016 and 12 May 2016 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meetings held on 4 May and 12 May 2016 be approved and signed as a correct record.

This report includes details and information that is classed as exempt from publication in accordance with the Council's Constitution and specifically Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules due to the identification of individuals and sensitive details of an ongoing police investigation. Accordingly, the report has not been published at this stage. In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, members shall be able to determine whether to exclude the public from all or any part of the hearing after consideration of the public interest.

RESOLVED

(i)  that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the meeting; and

(ii)  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.

Application for Summary Review of a Premises Licence in respect of Shield and Dagger, Stratton Road, Shirley, Southampton SO15 5QZ, attached.

The Sub-Committee considered the application for summary review of a premises licence in respect of Shield and Dagger, Stratton Road, Shirley, Southampton  SO15 5QZ.

PC Alex Boucouvalas, PC Simon Wood (Hampshire Constabulary), Jon Wallsgrove (Solicitor for PLH) and Peter Cookson (Premises Licence Holder) 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 premises licence be revoked.

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 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. It was heard that the CCTV footage showed and thereby identified individuals (unconnected third parties) and that accordingly it would not be in the public interest to disclose it more widely. In addition, it was noted that police investigations are also ongoing in relation to the incidents shown.

The Sub-Committee has considered very carefully the certificate of Superintendent Heydari, the application for summary review and the interim steps imposed at the previous Hearing.  In addition, the representations by all the parties present at the hearing as well as written representations were also fully taken into consideration.  The parties produced additional evidence including CCTV (from the Premises Licence Holder) and a letter produced by Hampshire Constabulary.  This was produced with the consent of all parties.

It has given due regard 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.

The Sub-Committee determined to revoke the premises licence.

Reasons:

The Sub-Committee heard considerable evidence from Hampshire Constabulary that raised particular and very grave concerns. 

The Sub-Committee considered very carefully all of the options available to it in accordance with Section 53C of the Act.  It was noted that the Premises Licence Holder had put forward a proposal to address the issues at the premises including reduction in the hours of opening to 7.30pm, the cessation of the sale of alcohol at 7.00pm and the removal of the DPS.

The Premises Licence Holder made (amongst others) the following points:

·  that the processes previously imposed were now all in place and were at the time of the incident;

·  that the removal of the DPS would provide a further period of suspension for appointment of a new DPS with 30 years’ experience;

·  that this period of suspension would allow a clean break from previous incidents;

·  that behaviour of customers leading up to the latest incident does not display any cause for concern;

·  this is a community premises with support of the local community;

·  the financial impact of revocation;

·  that the Premises Licence Holder had an extensive period of trading without serious concern; and

·  that the proposed  ...  view the full minutes text for item 4.