Agenda and minutes

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

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.

The Sub Committee considered the application in accordance with the Licensing Act 2003 (Hearings) and Regulations 2005 (as amended). The Sub Committee also took into consideration the Crime and Disorder Act 1998 and the Human Rights Act 1998.

The Sub Committee gave due regard to the Equality Act 2010. The Council’s statement of Licensing Policy and statutory guidance was taken into account. In reaching its decision the Sub Committee was mindful of Procedure Rules as set out in Part 4 of the Constitution, so far as it was applicable.

The Sub-Committee considered very carefully the application for review of the premises licence at Cattle Steakhouse, 14-15 Hanover Buildings, Southampton, SO14 1EA. The application to review related to two licensing objectives: The prevention of crime and disorder and public safety.

The Sub Committee took into account the written report presented by the Service Director, Communities, Culture and Homes, as well as video and written evidence submitted to the Sub Committee by Hampshire Constabulary in advance of the hearing. The panel also received written representations from the Licensing Authority, Public Health, and the Premises License Holder.

The Sub-Committee considered the representations, both written and given orally at the hearing, by all parties. The Sub-Committee heard from the applicant PC Mark Hawley and the Licensing Officer Karen Head and Phil Gilbert, Public Health.  Mr Nazim Ahmed was also in attendance and addressed the Sub-Committee.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act (Hearings) Regulations 2005.

In light of all of the above the Sub-Committee:

RESOLVED that the premises licence be revoked.

Reasons

The Sub-Committee considered very carefully the application of PC Mark Hawley. 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 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 considered all the options set out in Section 52(4) Licensing Act 2003 (namely):

·  To modify the conditions of the licence

·  To exclude a licensable activity from the scope of the licence

·  To remove the DPS

·  To suspend the licence for a period not exceeding 3 months

·  To revoke the licence

The Sub-Committee was concerned that this was a very serious incident, which breached the Coronavirus regulations, which in turn impinged on the licensing objectives of the prevention of crime and disorder and public safety.

At the time of the event the country was in national lockdown with regulations in place for public safety. Hospitality premises were permitted only to provide food to be taken away and eaten off site. Coronavirus regulations were breached when customers were allowed to eat and drink on the premises. Mr Nazim Ahmed failed to acknowledge the regulations in place or his responsibility for ensuring staff and public safety on the premises. 

Additionally, he failed to recognise the seriousness  ...  view the full minutes text for item 47.