Agenda and minutes

Licensing (Licensing and Gambling) Sub-Committee - Wednesday, 6th October, 2021 4.00 pm

Venue: Virtual Meetings - Virtual meeting. View directions

Contact: Maria McKay - Democratic Support Officer  Email: Maria.McKay@southampton.gov.uk

Link: link to meeting

Items
No. Item

22.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

RESOLVEDthat Councillor Galton be elected as Chair for the purposes of this meeting.

23.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 17 KB

To approve and sign as a correct record the Minutes of the previous meetings held in municipal years 2020 to 2021 and 2021-2022, as detailed and to deal with any matters arising, attached.

Additional documents:

Minutes:

RESOLVED that the minutes of the meetings held on: 31 March 2021, 7 April 2021, 28 April 2021i, 28 April 21ii, 12 May 2021, 26 May 2021, 2 June 2021, 9 June 2021, 16 June 2021, 22 June 2021, 23 June 2021, and 28 July 2021, be approved and signed as a correct record.

24.

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:

RESOLVEDthat 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 will be distributed to all parties to the hearing.

 

25.

APPLICATION FOR A NEW PREMISES LICENCE 7TH HEAVEN CAFE 19 CHURCH STREET SO15 5LG pdf icon PDF 2 MB

Minutes:

The 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 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 fully taken into consideration.

 

The Sub-Committee considered the representations, both written, and given orally at the Hearing, by all parties. The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 have been considered whilst making the decision.

 

Due regard was given 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.

 

The Sub-Committee also received emails from Hampshire Constabulary and those were taken into consideration by the Sub-Committee. The Sub-Committee took into account that Hampshire Constabulary and Licensing had agreed conditions be placed on the licence should it be granted.

 

The Sub-Committee noted that no other Responsible Authorities had made representations to the Hearing.

 

Having considered all of the above the Sub-Committee:

RESOLVED to grant the licence for the sale of alcohol on site in accordance with the application and the conditions agreed with the Hampshire Constabulary.

 

Reasons

The Sub-Committee noted the representation received by one local resident and that the appropriate Responsible Authorities had been in contact with the applicant and had imposed conditions on the license, which were agreed by the applicant.

 

The Sub-Committee noted that one of the residents suggested that there was an issue with the advertising of public notices displayed at the premises. However, the applicant confirmed that all relevant notices complied with statutory requirements.

 

The Sub-Committee noted that the objections were potential public nuisance issues but that there was no evidence of a real risk of a breach of the licensing objectives.

 

The Sub-Committee listened to the concerns of the local resident regarding issues of noise and potential anti-social behaviour. Local residents should be assured that following the grant of a license, they can request a review of the license if they experience any issues with noise or anti-social behaviour.

 

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.