Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Tuesday, 22nd June, 2021 4.00 pm

Venue: Virtual Meetings - Virtual meeting. View directions

Contact: Maria McKay - Democratic Support Officer  023 8083 3899

Link: link to meeting

Items
No. Item

13.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

In accordance with S.14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, the hearing was held using video conferencing and the public were able to view a live stream of the proceedings using a web link published on the council website.  This was in the interest of public safety given the isolation restrictions imposed by the Prime Minister as a result of the public health risks due to the Coronavirus or Covid-19.  As a result, the Council offices were closed to the public and this licensing sub-committee was held remotely with parties to the hearing participating by way of conference call.

 

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

 

14.

Exclusion Of The Press And Public - Legal Advice

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 the Sub-Committee move into private session in order to receive legal advice when determining issues.  Following that private session, at which time the matter would be determined, written confirmation of the decision of the Sub-Committee would be distributed to all parties to the hearing.

 

15.

APPLICATION FOR NEW APPLICATION - RITAS, 48-49 OXFORD STREET, SOUTHAMPTON SO14 3DP pdf icon PDF 4 MB

Minutes:

This hearing was held as a virtual meeting using Microsoft Teams and was streamed live online for the press and public to view via the Live Events platform.

 

The Sub-Committee has considered very carefully the report of the Service Director – Communities, Culture and Homes. Representations by all the parties present at the hearing as well as written representations were also fully taken into consideration. 

 

It gave 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.  The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 were considered whilst making the decision.

 

The Sub-Committee took into account the fact that Hampshire Constabulary had agreed conditions prior to the meeting and that no representations were made by any other Responsible Authorities.

 

RESOLVED that having considered all of the above the Sub-Committee agreed to grant the licence in accordance with the application, save for the following:

 

·  that Live music would be reduced from seven days per week to four days per week, those being Thursday, Friday, Saturday and Sunday plus Bank Holidays with a terminal hour of 2300.

·  Recorded music would continue to be seven days a week but with a terminal hour of 2330.

 

Reasons

 

The Sub-Committee heard from the applicant Mr Jephcote, and residents Mr Stevie Timberlake, and Mr and Mrs Currer.

 

The Sub-Committee listened to the concerns of the local residents regarding issues of noise and with this in mind limited the hours of live music and recorded music hours as noted above.

 

The Sub-Committee noted that the applicant agreed to display signage at the doors of the premises visible as customers leave relating to being respectful of local residents.

 

The applicant stated that any outside smoking area is not included in the licence application and that signage would be visible to customers to remind them not to take alcohol or glassware out of the premises.

 

There is a right of appeal for any party to the Magistrates’ Court. All parties will receive written notification of the decision with reasons which will set out that right in full.