Agenda item

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 committee has visited the premises and note the measures put in place to satisfy the primary obligation with respect to the relevant licensing objectives being promoted.

2.    The Committee is further satisfied that whilst the premises is within a CIZ zone, they could not find upon the basis of the evidence that the variation would add to the cumulative impact.  The statistics show that whilst crime and disorder exist within the night time economy, what cannot be established beyond a balance of probabilities is an addition to the cumulative impact by reason of the variation as sought.

3.    Whilst not obliged to do so, the efforts of the applicants could be potentially assisting of diminishing the level of the current cumulative impact, as such given the high level of conditions that exist and are offered cannot be said to do anything other than mitigate against any additional impact into the cumulative impact zone.

4.    The Committee have paid due regard to the current policy and it has been given high consideration. This said and given the very professional basis of the application and having looked at the statutory guidance it would be appropriate in this case to consider this application upon its own specific facts.

On balance having heard the representations from the applicants and their advocate the committee is 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 of the view that the applicant had sufficiently assuaged the cumulative impact by reason of the full range of conditions as offered by the applicant in the current licence and also by reason of the highly competent fashion the premise is run and organised.  The committee refer to its earlier reasoning.

The Licensing Committee is further aware that any Responsible Authority, indeed anyone can ask that the Committee review the licence currently held which would of course engage the Committee in being able to consider the full range of evidence including matters that are currently being considered.  Subject to the conditions as offered, accepted and amended as attached the application is granted.

Conditions:

On any evening when the premises trade for the sale of alcohol after 02:00 then:

1)    All members of the door team who are registered with the Security Industry Authority will wear a body camera, and will use it to record any incidents at the premises in which they are involved (every day);

2)    A Personal Licence Holder will be on duty at all times that alcohol is being sold (every day);

3)    A member of the door team will be positioned at the taxi rank on Station Road from 03:00 until 04:00 to assist in monitoring the taxi queue, to ensure that the queue is dispersed as quickly and as safely as possible, such member of door staff being in radio contact with the premises (Sunday to Thursday);

4)    Two members of the door team will be positioned outside Catherine House from 03:00 until 04:00 to monitor the dispersal of customers, and to assist with any students who may be going into the flats and who may need any care and attention, such members of door staff being in radio contact with the premises (Sunday to Thursday);

5)    Between 01:00 and 04:00 provide a SIA trained surveillance officer monitoring CCTV cameras and in radio contact with other camera operatives.  No body cameras to be worn by the monitoring officer (every day).