Agenda and minutes

Licensing Sub-Committee - Thursday, 7th July, 2016 9.30 am

Venue: The Executive Meeting Room - Third Floor, The Guildhall, Portsmouth. View directions

Contact: Lucy Wingham 02392 834662  Email: lucy.wingham@portsmouthcc.gov.uk

Items
No. Item

39.

Appointment of Chair

Minutes:

Councillor Julie Swan was appointed chair for the meeting.

40.

Declaration of Members' Interests

Minutes:

There were no declarations.

41.

Licensing Act 2003 - Variation of a premises licence - Kassia, 135-137 Havant Road, Drayton, Portsmouth, PO6 2AA pdf icon PDF 280 KB

Purpose

 

The purpose of this report is for the Sub-committee to consider an application for the variation of a premises licence under the Licensing Act 2003 ("the Act"). The matter has been referred to the Sub-committee for determination following formal representations being made by "other persons", namely residents living nearby.

 

Additional documents:

Minutes:

The chair, Councillor Julie Swan, explained to all present the fire evacuation procedures including where to assemble and how to evacuate the building in case of a fire. Introductions were then made.

 

Mr Fasu Miah, the premises licence holder and Mr Purnell, the manager of the premises were in attendance.

 

Mr Garton and Mrs Balchin, local residents were also in attendance.

 

The 'other persons' hearing procedure was followed.

 

The principal licensing officer introduced the report and explained that were members mindful to grant the variation a condition relating to the daily cleaning of the forecourt of the premises should be imposed.

 

Mr Miah and Mr Purnell included the following points in their representations: they explained that the premises have been open now for 20months and it seems to be the same people complaining. There are over 20 flats near to the premises and no complaints have been received from these properties. We have had problems with groups, when part of the group are outside and are waiting for the rest of the group who are inside, and also patrons who are told to wait for taxis outside. With this condition we are unable to let anyone back into the premises after 11pm, not even to use the toilets. No other premises in Drayton has this condition. If we could let patrons back into the premises we could manage the situation better. We cannot control patrons behaviour outside but we can when they are inside. There is a small percentage of customers who are tarring our business. I have spent a lot of money on the business and take my responsibilities seriously. We do provide two bins for cigarette butts and the door staff do look after the outside.

 

Mr Garton and Mrs Balchin included the following points in their representations:

·         Always having to clean up/cleanse after patrons have urinated.

·         My son does not sleep well as any disturbance outside the premises disturbs his sleep.

·         3 June is the latest incident when the Police were called at 23:30 hours to a fight outside the premises. Nothing gets done.

·         The music from inside the premises is often too loud and can be heard over the top of our television.

·         Have telephoned the Police and environmental health on numerous occasions.

·         Must have been a reason as to why the condition was imposed in the first place.

·         Can't see how allowing people back into the premises will help with litter, noise and disturbance.

·         The clearing up has not happened.

 

DECISION: that the application to vary a premises licence at Kassia, 135-137 Havant Road, Portsmouth, PO6 2AA by removing a current condition stating "no entry or re-entry after 2300 hours including those leaving the premises to smoke" be granted subject to the following condition being imposed:

 

"That at the close of any business day the area outside of the premises and in the immediate vicinity is inspected and cleared as appropriate. To include the alley and to also deal with the removal of  ...  view the full minutes text for item 41.

42.

Exclusion of the press and public

In the view of the contents of the following items of business on the agenda, the Licensing Sub-committee is RECOMMENDED  to adopt the following motion:

 

"Under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded for the consideration of the following items on the grounds that the reports contain information  defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972".

 

The public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

 

(NB The exempt/confidential committee papers on the agenda will contain information which is commercially, legally or personally sensitive and should not be divulged to third parties. Members are reminded of standing order restrictions on the disclosure of exempt information and are invited to return their exempt documentation to the Local Democracy Officer at the conclusion of the meeting for shredding).

 

Agenda items and paragraph numbers:

 

4 - Local Government (Miscellaneous Provisions) Act 1976 - Consideration of Private Hire Driver's Licence - Mr B

(Paragraphs 1, 2 and 3)

 

5 - Local Government (Miscellaneous Provisions) Act 1976 - Consideration of Private Hire Driver's Licence - Mr L

(Paragraphs 1, 2 and 3)

 

(Paragraph 1 relates to information of an individual, paragraph 2 relates to the identity of an individual and paragraph 3 relates to financial or business affairs of any particular person).

Minutes:

RESOLVED that the Licensing Sub-committee adopt the following motion:

"Under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act1985, the press and public be excluded for the consideration of the following items on the grounds that the reports contain information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972."

 

Agenda items and paragraph numbers

4 - Local Government (Miscellaneous Provisions) Act 1976 - Consideration of Private Hire Driver's Licence - Mr L

(Paragraphs 1, 2 & 3)

5- Local Government (Miscellaneous Provisions) Act 1976 - Consideration of Private Hire Driver's Licence - Mr B

(Paragraphs 1, 2 & 3)

43.

Local Government (Miscellaneous Provisions) Act 1976 - Consideration of Private Hire Driver's Licence - Mr L

RECOMMENDED that the Licensing Sub-committee determine the matter.

Minutes:

The chair, Councillor Julie Swan explained to all present the fire evacuation procedures including where to assemble and how to evacuate the building in case of a fire. Introductions were then made.

 

Private hire driver Mr L was in attendance and the simplified hearing procedure was followed.

 

RESOLVED that the private hire driver licence previously issued to Mr L be revoked for a period of 5 years pursuant to Section 61 of the Local Government (Miscellaneous Provisions) 1976 Act, for the reasons outlined within the exempt minutes.

 

Mr L was advised of his right to appeal to the Magistrates' Court.

44.

Local Government (Miscellaneous Provisions) Act 1976 - Consideration of Private Hire Driver's Licence - Mr B

RECOMMENDED that the Licensing Sub-committee determine the matter.

Minutes:

The chair, Councillor Swan explained to all present the fire evacuation procedures including where to assemble and how to evacuate the building in case of a fire. Introductions were then made.

 

Private hire driver Mr B was in attendance and the simplified hearing procedure was followed.

 

RESOLVED that the hearing be adjourned until 7 September 2016 at 10am.