Agenda and minutes

RESOLVED that Councillor M Bunday as Chair of the Licensing Committee would be Chair for the purposes of this meeting

To approve and sign as a correct record the Minutes of the meeting held on 12 February 2025  and to deal with any matters arising, attached.

The minutes of the meeting held on 12 February 2025 were approved as an accurate record.

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 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.

Resolved that, the Sub-Committee would move into private session in order to receive legal advice when determining the application. The parties to the hearing, press and public, unless otherwise excluded by the Licensing Act 2003 (Hearings) Regulations 2005, would be invited to return immediately following that private session at which time the decision would be announced.

All parties will receive formal written confirmation of the decision and reasons.

This hearing was held as a virtual hearing with attendees attending remotely using Microsoft Teams.

The Sub-Committee has considered very carefully the application for the grant of a premises licence for Oxford Street Convenience Store 60 Oxford Street Southampton SO14 3DL as submitted.

It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 have been considered.

The Sub-Committee made its decision on the basis of all of the evidence submitted, both in writing and given orally at the Hearing.

The Sub-Committee considered evidence from the proposed DPS, the applicant’s representative and two local residents objecting to the application.

The Sub-Committee noted that none of the Responsible Authorities had made representations.

Having considered all the above, the Sub-Committee agreed to grant the licence in accordance with the application covering the following licensable activities during the following hours:

Supply by retail of alcohol

Monday 08:00 - 23:00

Tuesday 08:00 - 23:00

Wednesday 08:00 - 23:00

Thursday 08:00 - 23:00

Friday 08:00 - 23:00

Saturday 08:00 - 23:00

Sunday 08:00 - 23:00

Reasons:

Whilst the Sub-Committee listened to and understood the concerns of the local residents it is bound by legislation and case law which states that decisions must be evidence based and there was no evidence that these premises cause these concerns. The Sub-Committee was reminded that it was not allowed to take into account speculation about how a premises may affect the licensing objectives.

The Sub-Committee did note that the premises falls within a Cumulative Impact Area and received legal advice that this meant the application should be refused unless the Sub-Committee was satisfied that the premises with the conditions and operating schedule offered would not add to the cumulative impact in the area.

The Sub-Committee noted that the police who are deemed to be experts in the Crime and Disorder objective had made no representation and had agreed conditions in the knowledge that the premises fell within a Cumulative Impact Area.

The Sub-Committee is entitled to and does consider that the police do not believe the application if granted will add to the cumulative impact in the area. The Sub-Committee agrees with that position and as such has concluded that the application can be granted.

The Applicant indicated that the delivery aspect of the application was a failsafe provision to be used only if the country were to find itself in a similar lock down situation as arose under the pandemic.  The Sub-Committee expects the Applicant to abide by that.

Local residents should be reassured that in the event the premises is not run as suggested or where there is evidence that the licensing objectives are not being met there is a general right to review a premises licence.

A review can be brought by residents or responsible  ...  view the full minutes text for item 44.