Agenda and minutes

No interests were declared.

Councillor Hannah Hockaday was appointed Chair of this hearing.

Purpose.

The purpose of this report is for the committee to consider an application for the grant of a premises licence under the Licensing Act 2003 (“the Act”).  The matter has been referred to the committee for determination following the receipt of two representations from responsible authorities.

The committee is asked to determine the matter.

Jon Wallsgrove, Solicitor for the applicant and Mr Usman Ahmed, the applicant were present.

Nickii Humphreys, Licensing Manager and PC Pete Rackham were also in attendance.

The hearing procedure of Licensing Act 2003 applications for 'Responsible Authorities' was followed.

Decision

In the matter of the licensing Act 2003.

In the matter of an application for a grant of a premises licence - Ken's Kebab House 35 Guildhall Walk, Portsmouth PO1 2RY.

The committee heard the representations of the applicant, the relevant responsible authorities and the advocate acting on behalf of the applicant.  In addition the committee considered all the papers put before it along with the annexes attached to each document.

The committee was aware that the premises is located within an area of Special Policy.  This committee was engaged by reason of referral to the committee by the relevant responsible authorities - the police and licensing both of whom make objection to the grant of a licence.

The licensing objectives that are not promoted within the area of Special Policy are: prevention of crime and disorder, public safety and the prevention of public nuisance.  The responsible authorities both indicate that the applicant has failed to sufficiently engage in negating any increase to the cumulative impact by reason of having appropriate conditions or measures in place to overcome the legal burden placed upon the applicant.

The committee looked 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 by the licensing department.

The above stated, the committee balanced within its consideration all representations made by the applicant though his advocate and by way of comments made by the applicant himself.

In considering the application for a grant of licence the committee was mindful of the following facts as having been established upon a balance of probability and further that they have been specifically taken to the relevant parts of the Statutory Guidance under section 182 of the Licensing Act 2003.

Having heard the representations form the applicant and his advocate the committee was satisfied that the burden that rests with the applicant to shift in showing that the new proposed operating schedule in the current application will not have a negative cumulative impact has been shifted. 

In coming to this conclusion the committee was shown a new set of conditions and was of the view that the applicant had sufficiently assuaged the cumulative impact by reason of the full range of variations as offered by the applicant, with the following additional conditions imposed by this committee.

Condition A:

·         A minimum of 1 SIA licensed door supervisor will be on duty 11pm until close of business Monday, Tuesday  ...  view the full minutes text for item 38.