Agenda and minutes

Licensing Sub-Committee - Tuesday, 5th June, 2018 11.00 am

Venue: The Executive Meeting Room - Third Floor, The Guildhall, Portsmouth. View directions

Contact: Lisa Gallacher, Democratic Services Tel: 023 9283 4056  Email: Democratic@Portsmouthcc.gov.uk

Items
No. Item

34.

Appointment of Chair

Minutes:

Councillor Ian Lyon was appointed chair of this hearing.

 

35.

Declaration of Members' Interests

Minutes:

No interests were declared.

 

36.

Licensing Act 2003 - Application for grant of a premises licence - Portsbridge Service Station, Portsmouth Road, Portsmouth, PO6 2SJ pdf icon PDF 219 KB

Purpose of report

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").

 

This matter has been referred to the committee for determination following receipt of relevant representations from a number of local residents (other persons). 

 

The committee is requested to determine the application.

 

Additional documents:

Minutes:

Present

Peter Baulf, Legal Advisor

Derek Stone, Principal Licensing Officer

Robert Botkai, Solicitor for the applicant

Vincent Hardy - Rontec Watford Ltd.

David Baxter, Interested Party

 

The hearing procedure of Licensing Act 2003 interested parties only was followed.

 

Decision

 

The Committee has carefully considered the application before it for the grant of a new licence and has also considered the representations made in relation to this application, both made orally and in writing. 

 

Objection to the application for a grant of licence has been raised by neighbours and residents living nearby with respect to the licencing objectives of: Prevention of Crime and Disorder, Public Safety and Prevention of Public Nuisance. 

 

There have been no representations from any of the statutory responsible authorities - it is of note that the applicants' have worked with the Licensing Authority and the Police to agree a range of conditions aimed at promoting the Licensing Objectives.

 

The Committee is engaged in exercising its discretion as representations have been raised as stated above.

As stated above the Committee notes that the applicant and the relevant responsible authority, the Police, have been able to agree amendments with respect to the original grant application operating schedule conditions as stated below:

·         The additional conditions beyond the standard licensing conditions are set out in annex D of the committee papers. 

In addition to the above, evidence has been given by the operators of the premise that they propose to take the following additional steps in relation to the premises in order to uphold and promote the licensing objectives, such as steps are offered as additional conditions applicable to the grant application.
 
The additional conditions offered and accepted by this committee today are:

1.    Appropriate signage at the entry and exit of the site to request that patrons consider and respect those local residents living in the immediate vicinity. 

2.    A notice will be displayed in the premises and at the night pay window notifying members of the public how to contact store management/premises licence holder. 

The Committee are clear that they look to the police as an essential source of advice and information with respect to the licensing objective of crime and disorder.  The police should be the Licensing Authority's main source of advice in that respect.  There has been clear engagement as between the applicant and the Police which has led to no representations being laid before the Committee.  This said having read the report the Committee are not constrained and may depart if appropriate having considered the case facts and looked at all matters objectively.  The Committee accept that the relevant licensing objectives have been promoted.  The committee have approached their consideration of this case on its own facts and merits (see paragraph 9.42 of the policy). 

 

With respect to the objections raised by neighbours and members of the public, the Committee can confirm that they have been considered but have been rejected in that whilst clearly heartfelt, all are based upon what may occur as opposed  ...  view the full minutes text for item 36.