Agenda and minutes

Licensing Sub-committee
Tuesday, 18th December, 2018 10.00 am

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

Contact: Jane Di Dino 023 9283 4060  Email: jane.didino@portsmouthcc.gov.uk

Items
No. Item

83.

Appointment of Chair.

Minutes:

Councillor Gemma New was appointed Chair.

 

84.

Declarations of Members' Interests.

Minutes:

No interests were declared.

 

85.

Licensing Act 2003 - Brewhouse & Kitchen, 51 Southsea Terrace, Southsea PO5 3AU pdf icon PDF 71 KB

Purpose

 

The purpose of this report is for the committee to consider an application for the variation of a premises licence pursuant to Section 35 of the Licensing Act 2003.

 

The committee is asked to determine this matter.

Additional documents:

Minutes:

Present

Niall McCain, Solicitor

Mark McFadyen, Operations Director

Matt Chapman, Designated Premises Supervisor.

 

The Principal Licensing Officer introduced the report and added that he had visited the premises and seen the alterations that had been made.  He drew members' attention to the supplementary information from the applicant that had been circulated to members.  The applicant had written to all the residents who had made representations to explain the application and two had subsequently withdrawn their objections. 

 

It was noted that three written representations had been omitted from the pack.  These were circulated to members to read.

 

There were no questions from the applicants.

 

Niall McCain included the following points in his representation:

·         The following changes to the layout had been made:

o   The women's' toilets are with the others, which enabled the kitchen to be enlarged so that the food order could be extended. 

o   The brass vats are on display.

o   There is a fire pit with tables and chairs around it.

o   Outside there is an extensive decking area and beach huts which have heaters. 

·         Planning issues were not relevant to this hearing.

·         The statutory authorities did not made any representations. 

·         There was some understandable confusion from residents regarding this application.  He had contacted those who had submitted objections to explain that they were not seeking to increase the hours.  Two then withdrew their objection and another Mr Ritchie sent him a substantive response.

·         The huts have soundproofing.

·         He proffered the following conditions:

1.    No drinks be taken outside after 11pm Sunday to Thursday and midnight on Fridays and Saturdays.

2.    The garden policy be incorporated onto the licence via condition.

3.    The garden policy be displayed prominently so patrons can see the obligations clearly.

·         The premise is not in a Cumulative Impact Zone.

·         The residents are between 50 and 100m away from the premise.

·         Temporary Event Notices have been used in the past and no problems arose.

 

In response to questions from members, he explained that:

·         Mr Ritchie had maintained his objection regarding the use of heaters because of concerns about possible smells and pollution.  Mr McCain reassured members that the kitchen had been fitted with new equipment including an extractor fan and the heaters are basic electric ones and so there would be no smells.

·         They do not expect to have an increased footfall, so there would be no impact on parking in the area.

 

The Principal Licensing Officer added that he had visited the premise and had no concerns.  He reminded members that the responsible authorities had not raised any concerns either.

 

Mr McCain had nothing to add to his representation.

 

DECISION

In the matter of the Licensing Act 2003.

In the matter of the application for variation of the current premises licence - Brewhouse and Kitchen, 51 Southsea Terrace, Southsea PO5 3AU.

 

The committee heard the representations of the applicant together with the detailed representations from the applicant's legal representative and considered all the papers put before them along with the annexes attached  ...  view the full minutes text for item 85.

86.

Licensing Act 2003 - Review application - Oxygen, 3 Portsmouth Road, Portsmouth PO6 2SG pdf icon PDF 295 KB

Purpose.

 

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) and in respect of this premises.

 

The committee is asked to determine this matter.

Additional documents:

Minutes:

Present

Mr Santiapillai, Designated Premises Supervisor and Premises Licence Holder.

Mr Suresh Kanapathi, Licensing Consultant.

Tracey Greaves, Trading Standards Officer (Alcohol & Tobacco Harm Reduction).

PC Pete Rackham, Police Licensing Team.

 

The Principal Licensing Officer introduced the report

 

In response to questions from the panel, he explained that these issues had not been previously brought to committee as it had been hoped that they could be addressed with the licence holder.

 

The licence holder had no questions for the Licensing Officer.

 

The Trading Standards Officer explained her reasons for submitting the application for review of the licence:

·         The licence holder had failed to support the licensing objective regarding the protection of children from harm.  Alcohol had been sold on two occasions to sixteen year olds within a period of two months.

·         There were concerns regarding staff training.  They are given the answers to the questions and do not need to show any understanding.

·         The conditions that are already on the licence require staff to ask for proof of age from customers who appear to be under 25.

·         Mr Santiapillai admitted that he had employed the member of staff who had failed the first juvenile test purchase in July 2014 without carrying out any prior checks.

·         Mr Santiapillai failed the second test purchase. 

·         She recommended that the licence be revoked.

 

There were no questions from the panel nor the licence holder.

 

PC Rackham asked the committee to consider the following points:

·         The police have serious concerns that the licensing objectives regarding the protection of children from harm and prevention of crime and disorder are not being upheld. 

·         There has been a persistent sale of alcohol to children.  This shows that the issues raised by Trading Standards are not one-off incidents due to a unique set of circumstances.  The licence holder has failed to show due diligence in promoting the licensing objectives.

·         The Fishers News shop was the same premises and had the same business model as Oxygen.  The name changed when Mr Santiapillai took over.  He was the owner, Designated Premises Supervisor and Personal Licence Holder there.

·         In July 2014 a member of staff failed a test purchase and a £90 fine was issued.  He was working alone in the shop and it is the police's view that he did not have the language skills to carry out the challenge 25 policy. 

·         There were no training documents in place. 

·         Early in 2015 an application for a premises licence was granted for the Portsmouth Road Store with various conditions attached including stipulations regarding staff training documents.

·         On a visit to the premises in April 2016, Mr Lee Principal Licensing Officer noted a number of licensing breaches.  Mr Santiapillai was later convicted of four offences at court.

·         Following a further juvenile test purchase failure in February 2017, the police provided engagement and Mr Santiapillai said he was sending staff on training courses.

·         In July 2018 information was received regarding minors being sold alcohol at the premises.  This information was passed to Trading Standards.

·         Over  ...  view the full minutes text for item 86.