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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: Joanne Wildsmith, Democratic Services Tel: 9283 4057  Email: Democratic@Portsmouthcc.gov.uk

Items
No. Item

8.

Appointment of Chair

Minutes:

Councillor Hockaday was elected as Chair for this meeting.

9.

Declarations of Members' Interests

Minutes:

There were no declarations of members interests.

10.

Licensing Act 2003 - Review Application - S2 Snooker Club, 223 Kingston Road, Portsmouth, PO2 7EG pdf icon PDF 169 KB

 

The purpose of the Licensing Manager's report is for the committee to consider and determine a review application pursuant to section 52 of the Licensing Act 2003 ("the Act") and in respect of the premises S2 Snooker Club, 223 Kingston Road, Portsmouth, PO2 7EG.

 

 

 

 

The application and grounds for the review are attached as Appendix A of the

Licensing Manager's report and has beensubmitted by the Chief Officer of Police

and relates to the following licensing objectives:

 

·         Prevention of crime and disorder

·         Public safety

·         Protection of children from harm

 

The concerns relate to a serious assault (GBH) on a 17 year old male who was attacked with a bottle whilst in the venue, large scale disorder and a number of breaches of the Premises Licence conditions.

 

 

The committee is requested to determine the review application.

 

Additional documents:

Minutes:

The meeting was adjourned to start at 10.07am to allow Mr Chin to Lam sufficient time to attend and be assisted by Ms Bridget Wong - he confirmed that she would help translate where needed and present his case.

 

Derek Stone, Principal Licensing Officer, presented his report on behalf of the Licensing Authority.

 

PC Jason Pearce presented the review application on behalf of the police as a Responsible Authority, and some CCTV footage from the premises was viewed.

 

Nickii Humphreys, Licensing Manager, PCC presented her representation as a Responsible Authority.

 

(There were no interested parties.)

 

Mr Chin To Lam, assisted by Ms Wong, presented his case as the Premises Licence Holder.

 

The chair ensured that there was the opportunity for each of the parties to be questioned by each other.

 

There was also the opportunity to sum up by the Applicant for the review (the police), the responsible authorities (Licensing Manager) and finally the Premises Licence Holder.

 

Decision of Revocation

 

This matter had been referred to the Committee by the relevant Responsible Authority, the Police, and the Licensing Authority, who sought a determination before the Committee as to the appropriateness of the current licence being maintained based upon a range of material failings with respect to the following licensing objectives: prevention of crime and disorder, protection of children from harm and public safety.  With respect to the Licensing Authority they asserted that the licence holder had failed to maintain any of the appropriate licensing objectives.

 

The Committee had heard and read the relevant representations of the Police and Licensing authority both relevant Responsible Authorities in respect to this application and had been advised as to the range of powers available under the 2003 Act, in addition the Committee had been advised as to the appropriate statutory guidance under Section 182 of the Act.  In particular paragraph 11.17-11.19 of the guidance along with paragraphs 11.21-11.23.

 

The Committee considered the evidence offered by the police and in particular in support of the contention that the current licence be revoked is consistent with the promotion of the licensing objectives of the prevention of crime and disorder, public safety and protection of children from harm.

 

The Committee could see that the current licence holder and DPS has failed to engage with the Responsible Authorities and additionally that there were numerous incidents from 5th November 2015 and culminating in the very serious assault occurring on 12th November 2017 that were set out by the Police with commendable brevity and clarity clearly showing a continued pattern of inappropriate management or relevant promotion of the applicable licensing objectives.  The Committee was also aware of the material breaches to the existing licence conditions (SIA staff, CCTV system, data retrieval and venue capacity).

 

In addition, the Committee heard the mitigation and comments as put forward by the licence holder Mr Chin To Lam.

 

The discretion of the Committee was engaged by reason of the review being requested.

 

The Committee having scrutinised the representations made by the relevant  ...  view the full minutes text for item 10.