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 29 May 2024  and to deal with any matters arising, attached.

RESOLVED: that the minutes for the Sub- Committee meeting on 29 May 2024  be approved and signed as a correct record.

Chair to move that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005, the press and the public be excluded from all or part of the hearing where it considers that the public interest in doing so outweighs the public interest in the hearing or that part of the hearing, taking place in public.  The information contained in item 7 relates to allegations relating to criminal offences and personal details and the public interest in doing so outweighs the public interest in the hearing in accordance with regulation 14.

The Chair moved that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005, the hearing should proceed with the press and public excluded.  The information contained therein relates to allegations relating to criminal offences and personal details and the public interest in doing so outweighed the public interest in the hearing in accordance with Regulation 14.

RESOLVEDthat having applied the public interest test the hearing should proceed with the press and public excluded.

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 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), would be invited to return immediately following that private session at which time the matter would be determined and decision of the Sub-Committee announced.

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

The Sub-Committee determined that the hearing should proceed with the press and public excluded.  This decision was made in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. The papers contain personal details and details of an ongoing police investigation, and it was determined that the public interest in doing so outweighed the public interest in the hearing in accordance with Regulation 14.

The Sub-Committee has considered very carefully the application by Hampshire & Isle of Wight Constabulary for a review of a premises licence for Puccinis, 325-327 Shirley Road Southampton SO15 3HW as submitted in the report of the Service Director - Place. 

It has given due regard to the Licensing Act 2003, statutory guidance and the Licensing Objectives 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 whilst making the decision. 

The Sub-Committee considered the application as submitted and heard representations from PC Lee Scott and the new premises licence holder.

The Sub-Committee considered the representations, both written and given orally today, by all parties. The Sub-Committee noted that a transfer of the licence to the new premises licence holder was underway without objection. The new premises licence holder had agreed to conditions required by the police should the licence be allowed to remain.

RESOLVED In light of all the above the Sub-Committee decided that the premises licence should continue with the addition of the conditions as set out in the email from PC Mark Hawley to the new premises licence holder dated 26^th June 2024 and timed at 11:42.

Reasons

The Sub-Committee considered very carefully the application of the police with regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.

The Sub-Committee was very concerned as to the criminal activity that had been taking place at the premises. The start point with that level of criminality would be to revoke the licence.

However, the Sub-Committee noted the cooperation and steps that had been taken by the new premises licence holder and the police to reach a position of agreement. The conditions proposed ensure that all checks will be undertaken and in place prior to the premises re-opening.

The new premises licence holder satisfied the Sub-Committee that any future sub-letting will be done only after any prospective tenant has been approved by the police as to suitability to hold a licence.

No representations beyond those of the police had been received and on the basis that the police were not now seeking revocation the Sub-Committee felt able to allow the licence to continue with the agreed conditions as referred to above.

The Sub-Committee was satisfied that Licensing Objectives of prevention of Crime and Disorder and Public Safety would be protected and promoted with the conditions added to the licence.

There is a statutory right of appeal against  ...  view the full minutes text for item 11.