Agenda and minutes

Councillor Steve Pitt was appointed Chair of this hearing. 

No interests were declared.

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 the receipt of two representations from responsible authorities.

RECOMMENDED that the committee determine this matter.

Present

Jonathan Smith, Solicitor for the applicant

Ged Gorrie, Regional Operations Director

Dave Joyce, DPS

PC Pete Rackham was also in attendance.  The Licensing Officer advised that due to a personal emergency the Licensing Manager Nickii Humphreys was not able to attend the meeting today. The representations she had previously included in the papers still stood.  

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 variation of a premises licence "Pryzm", Former Connaught Drill Hall, Stanhope Road, Portsmouth, PO1 1DE

The Committee has heard the representations of the applicant, the relevant Responsible Authorities and the advocate acting on behalf of the applicant in addition the Committee has considered all the papers put before them along with the annexes attached to each document.

The Committee is aware that the premises is located within an area of special policy.  This committee is engaged by reason of referral to the committee by the relevant Responsible Authorities - Police and Licensing, all of whom make objection to the grant of a variation to the existing 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 along with the protection of children from harm.  The Responsible Authorities all 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 by the applicant.  Both the police and the licensing department ask that the application for variation be refused.

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 are not obliged to accept all reasonable and proportionate representations made by the Police.  If the Committee depart from the advices as given they should set out their reasoning. 

The Committee take a similar view with respect to the representations made by the Licensing Department of Portsmouth City Council.

The above stated the Committee have balanced within their consideration all representations made by the applicant through their advocate and by way of comments made by the applicant themselves.  The Committee undertook a site visit and looked at the premise in detail.

In considering the application for a grant of variation, the Committee is 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.

1.    If is very clear that there has been a high level of engagement between all responsible authorities and the applicants. The  ...  view the full minutes text for item 50.

Purpose.

For the committee to consider an application for the grant of a new premises licence pursuant to section 18 of the Licensing Act 2003 ('the Act'). 

The matter has been referred to the committee for determination following receipt of relevant representation(s) from either one or more of the responsible authorities and/or from other persons.  Further details about the representations are shown in the report.

RECOMMENDED that the committee determine this matter.

Mr Suresh Kanapathi, Solicitor for the applicant and Mr Thines Jeyarantnam, the applicant were present.

Mr Andrew Colthup, objector and local resident was also present.

The hearing procedure of Licensing Act 2003 applications for 'interested parties' was followed.

Decision

In the matter of the Licensing Act 2003. 

In the matter of application for grant of a premises licence - Twyford Convenience , 139 Twyford Avenue, Portsmouth, PO2 8HU.

The Committee has heard the representations of the applicant and has considered all the papers put before them along with the annexes attached to each document.  They have listened to all representations from the community and local representatives. 

The Responsible Authorities make no assertions or comments with respect to the application save as outlined on annex D (page 125). 

This Committee is seized of this application by reason of there having been a range of formal complaints received by the Licensing Authority from a number of 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 is that the application should be refused, as there is no basis for it to be concluded that the relevant licensing objectives are being promoted.  The theme of the written representations is that a grant of the application would lead to a 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.  In addition a number of the representations refer to the lack of there being a "need" within the area for another off licence facility. 

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 not, but are not obliged, to accept all reasonable and proportionate representations made by the Police.  It is noteworthy that the Police and all other responsible authorities have made no representations to this Committee.  It is further noted that the applicant has agreed a condition with respect to the sale of alcohol not above 6.5% ABV, and also that cans are not to be sold on a single unit basis.  Additionally the Committee notes that the applicant offers additional CCTV and whilst not imposed as a condition, the applicants are asked to work with the community and statutory authorities.

The above stated the Committee have balanced within their consideration all representations made by the applicant and by way of comments made by way of written and oral comment from those in attendance today.

It is felt that whilst many of the representations are clearly highly relevant to the complainants, that they fail to establish that the licensing objectives are not being promoted as the potential  ...  view the full minutes text for item 51.