Agenda item

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 £2.5 million in the refurbishment of the sites.  Evidence given to the Sub-Committee indicated that previous trading of a catering vehicle at the proposed premises had created a history of problems, including a vehicle having been set on fire, damage to vehicles, urinating and litter left on their premises. Further, that this general nuisance and crime and disorder was linked to the operation of the catering van at the same location that is now proposed.  There is a flow of patrons from the Leisure World complex nearby and the proposed site is particularly prominent and a natural point for those leaving the site of the Leisure World complex to congregate and loiter.  The objectors business is primarily the sale of vehicles and forecourts have many vehicles on display particularly close to the proposed site and on either side.  The Sub-Committee heard that it is an important feature that their vehicles be prominent and open for inspection by prospective purchasers.  Accordingly the site cannot be secured to prevent access or criminal damage. 

In all the circumstances the Sub-Committee found that granting the application would likely increase the issues of concern for the objector and lead to an increase in general nuisance including the depositing of litter and undermine the crime prevention objective (with the increased likelihood of criminal damage). 

In addition the Sub-Committee was unimpressed by the application generally and in particular the operating schedule.  At part P of the application the applicant is invited to describe the steps intended to be taken to promote the four licensing objectives and “n/a” has been entered for all four of the licensing objectives.

There is a right of appeal for all parties to the Magistrates’ Court.  Formal notification of the decision will set out that right in full.