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Agenda and draft minutes

Agenda and draft minutes

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

Contact: Jane Di Dino 023 9283 4060  Email: jane.didino@portsmouthcc.gov.uk

Items
No. Item

7.

Appointment of Chair.

Minutes:

Councillor Julie Bird.

8.

Declarations of Members' Interests.

Minutes:

No prejudicial interests were declared.

9.

Licensing Act 2003 - application for variation of a premises licence Alibaba Kebab House, 50 London Road, Portsmouth PO2 0LN. pdf icon PDF 63 KB

Purpose.

The purpose of this report is for the 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 committee for determination following receipt of two representations from responsible authorities namely the Chief Officer of Police for Hampshire Constabulary and also Portsmouth City Council's Licensing Authority.

 

The committee is asked to determine this matter.

Additional documents:

Minutes:

In attendance

Mr Yaqubi, the applicant

Mr Sadiqi, friend of the applicant and acting as his interpreter.

 

DECISION: the application was refused.

 

REASONS

The committee heard the representations of the applicant (and/or their representatives), the relevant Responsible Authorities and also considered all the papers put before it along with the annexes attached to each document.

 

The Responsible Authorities (Police and Licensing) asserted that there were no proposed measures offered by the applicants' sufficient to promote the licensing objective of: the prevention of crime and disorder.

 

In addition it was asserted by both of the Responsible Authorities that the current licensing permissions were not being adhered to which is the subject of ongoing investigation and potential prosecution. (Annex D).

 

The committee looks to all the Responsible Authorities but mainly the Police for guidance and assistance in determining the effect of a licensing activity in terms of all the licensing objectives, but principally in terms of the police, prevention of crime and disorder - the committee should, but is not obliged to accept all reasonable and proportionate representations made by the police.

 

The committee took a similar view with respect to the representations made the Licensing Department.

 

The above stated the committee balanced within their consideration all representations made by the applicants through his representative and by way of comments made by the current licensee/ applicant.

 

In considering the application the committee was mindful of the following and considered that having heard all matters today could conclude that the following facts had been established:

1.     That with respect to the current application for variation whilst the police have engaged and suggested an appropriate condition with respect to the licence the applicant had neither responded or considered undertaking the provision of CCTV until the email of 27 December 2016.  Such conduct and lack of engagement was not consistent with the promotion of the relevant licensing objective.

2.     The committee was entitled to conclude that the current licence holder had traded beyond his current licence entitlement on numerous occasions and whilst the current application was not a review would be entitled to conclude that the flagrant breaches were indicative of a fundamental lack of understanding on the part of the applicant and not consistent with respect to promotion of any licensing objective, but particularly with respect to the prevention of crime and disorder.

3.     The committee accepted that the behaviour of the applicant on 24 December 2016 was again not consistent with the promotion of a licensing objective in that the police attendance and obstruction is upon any balanced basis potentially indicative of how the licence holder would continue to act.

4.     The committee saw and accepted that the premise was advertised as being open at 4am which is potentially indicative of suggesting a desire upon the part of the licence holder to continue to trade beyond the permitted hours. The committee considered that when this point is looked at within the context of Annex D that the production of numerous till receipts  ...  view the full minutes text for item 9.

10.

Licensing Act 2003 - application for variation of a premises licence Victory News, 261 Copnor Road, Portsmouth PO3 5EE. pdf icon PDF 61 KB

Purpose.

The purpose of this report is for the 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 committee for determination following receipt of ten representations from local residents and a ward councillor.

 

The committee is asked to determine this matter.

 

Additional documents:

Minutes:

The simplified hearing procedure was followed.

 

In attendance:

Kailasanathan Madanlal, the applicant

Professor Roy Light, advocate for the applicant

Richard Baker, agent for the applicant.

 

Other persons

Jacqueline Smith

Patrick McEwan

Roy Smallwood

Steve Furmedge

Councillor Neill Young

 

DECISION

Licensing Act 2003 "Victory News" 261 Copnor Road, Portsmouth PO3 5EE- application for variation of the current premise licence - the following elements of the application were granted:

·           The sale of alcohol and late night refreshments until 00:00 hours seven days a week with both activities commencing at 08:00.

·           That the schedule of offered conditions at page 68, number 7 be amended to read that training should be updated annually.

·           That save for newspaper delivery there be no deliveries between 23:00 and 07:00 hours seven days per week.

·           That conditions in page 83 should be removed as was accepted that they were no longer relevant.

 

REASONS

The committee heard the representations of the applicant together with the detailed representations from the applicant's representative and considered all the papers put before it along with the annexes attached to each document.

 

The Responsible Authorities make no assertions or comments with respect to the application.

 

This committee was seized of this application by reason of there having been a range of formal complaints received by the Licensing Authority from a PPC Member together with local residents - the consequence of that fact being that the committee will determine this application according to the facts and upon merit each case being looked at on an individual basis.

 

The alleged failing upon the part of the applicant was that the application should be refused as there was no basis for it to be concluded that the relevant licensing objectives were being promoted.  The theme of the written representations is that a grant of the application would lead to greater risk of there being a nuisance along with there being a failure to prevent crime and disorder and a potential issue as to public safety. 

 

The committee look to all the Responsible Authorities but mainly the police for guidance and assistance in determining the effect of a licensing activity in terms of all the licensing objectives, but principally in terms of the police, prevention of crime and disorder - the committee should, but is not obliged to accept all reasonable and proportionate representations made by the police.  It was noteworthy that the police and all other responsible authorities had made no representations to this committee.

 

The above stated, the committee balanced within their consideration all representations made by the applicants through their advocate and by way of comments made by the current licensee/ applicant along with all representations made.

 

It was felt that whilst many of the representations were clearly highly relevant to the complaints that they failed to establish that the licensing objectives were not being promoted as the potential failings are by and large based upon what "may happen" as opposed to showing a failure to promote a licensing objective. 

 

The committee  ...  view the full minutes text for item 10.