Agenda and draft minutes

Councillor Jason Fazackarley was duly appointed as Chair of the panel.

There were no declarations of interest.

Licensing Act 2003 - Review Application - Southsea Brunch Klub, 119 Elm Grove, Southsea, PO5 1LH

The purpose of this report is for the committee to consider and determine a review application pursuant to section 52 of the Licensing Act 2003 ("the Act") in respect of the above premises.

The Sub-Committee is requested to determine the application.

Additional documents:

Summary of Application and Representations

Licensing Officer

Derek Stone, Principal Licensing Officer outlined the application, relevant representations, and highlighted points relevant to the Licensing Authority's statement of licensing policy and statutory guidance.

The purpose of the hearing was to consider and determine the review application pursuant to section 52 of the Licensing Act 2003 in respect of Southsea Brunch Klub, 119 Elm Grove, Southsea, PO5 1LH.  The holder of the premises licence was recorded as Elm Grove Enterprises Ltd. The application and the grounds for the review were attached in the bundle at Appendix A and they had been submitted on behalf of the Chief Officer of Police. They related to the following licensing objectives:

• Prevention of Crime and disorder
• Prevention of public nuisance
• Public safety.
• Protection of children from harm.
•  

The Principal Licensing Officer advised that CCTV footage would be shown during the hearing, by the Applicant, and noted this had not been provided or shown to members in advance of the hearing at the request of Mr Wallsgrove, the solicitor acting on behalf of Southsea Brunch Klub.

Members Questions to Licensing Officer

There were no questions.

Applicant for the Review questions to Licensing Officer (Police)

There were no questions.

Responsible Authorities questions to Licensing Officer (Fire & Licensing)

There were no questions.

Interested parties' questions to Licensing Officer

There were no questions.

Premises Licence Holder questions to Licensing Officer.

There were no questions.

The Applicant's Case (Police)

Colin Pollard, Police Staff Licensing Officer, on behalf of the Chief Officer of Hampshire Constabulary presented the case for the applicant.

He noted in requesting the review he had regard to the 182 guidance and in particular the following sections:

• 2.1 - the Licensing Authority should look to the Police as the main source of advice on crime and disorder;

• 2.8 - Licence holders hold the responsibility for the safety of premises users.

• 2.21 & 2.22 - Licensing authorities and responsible authorities in relation to public nuisance should focus on the effect of licensable activities of persons living and working in the area relating to a broad definition of what constitutes public nuisance.

• 2.28 - the protection of children from harm, including moral, psychological and physical harm.

• 11.2 - at any stage a responsible authority may request a review of a premises licence in connection with any of the four objectives.

• 11.10 - it is good practice to notify licence holders of concerns for the need for improvement prior to a review. 

Mr Pollard noted he had partially deviated from section 11.10 in his decision making, when bringing the review, as section 1.8 of the 182 guidance stated the Police were not bound to the guidance as it was there for advice, and they could deviate should they see a need to do so.  He further outlined this deviation only happened in exceptional circumstances, and that in seven years, this was the first time he had made that decision.

Mr Pollard believed there to be an ongoing and present risk to  ...  view the full minutes text for item 10.

RECOMMENDED that the following motion be adopted:

"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 item on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972."

Agenda item 5 - Licensing Act 2003 - Application to vary a premises licence to specify an individual as designated premises supervisor - Consideration of Objection Notice

Exemption paragraph numbers 1, 2 & 3:

1. Information relating to an individual

2. Information that is likely to reveal the identity of an individual

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information)

(Members are asked to hand in their confidential papers to the Democratic Services Officer at the end of the meeting)

Consideration of the application was adjourned to 25 March at 10am.

The Sub-Committee is asked to determine the matter.

Consideration of the application was adjourned to 25 March 2024 at 10am.