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Appointment of Chair
Declarations of interest
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 Act"). This follows two adjournment meetings due to Covid 19 restrictions.
The matter has been referred to the committee for determination following receipt of relevant representations from a responsible authority namely the Chief Officer of Police, Hampshire Constabulary together with three representations from local residents. Further detail about the representations received is shown within the report.
The committee is requested to determine the application.
All parties shall receive written confirmation of the decision and reasons. In the first instance this will be emailed today.
The Sub Committee has considered very carefully the application for variation of a premises licence at the Keppels Head Hotel. It gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of licensing policy.
The Sub Committee considered the relevant representations, both written and given at the hearing, by all parties. Human Rights legislation has been borne in mind whilst making the decision.
The Sub Committee noted that there had been a representation from the police and three representations from residents leading to the hearing. A residential representation had been withdrawn following negotiation - meaning that two were considered today. The police had proposed conditions, which were confirmed as agreed by the applicant during the course of the hearing. The application had sought to introduce a new, additional, bar at the premises for private functions with an extension of hours until 2.00am. The proposed operating schedule was amended before the hearing to reduce the terminal hour for all licensable activities at the new bar area to 11.00pm on any day.
After having heard all of the above evidence the Sub Committee determined to grant the proposed variation, subject to conditions proposed by the police and amended as follows and as discussed during the course of the hearing.
Condition 2 of the proposed conditions put forward by the police shall have the following wording added as a final paragraph:
Documentation showing the material to be used in the above training, including any testing, and the recording procedures to be adopted for such shall be presented to and approved by the police and trading standards before the proposed area is used for any licensable activity.
Residents' objections were focussed upon late night noise and the combined impact of existing premises. Whilst it was noted that the proposed hours were reduced concerns remained in particular with regards to anti-social behaviour and use of smoking areas - being close to residential properties and upon a pavement already affected by a bus stop close-by.
Concerns were raised by the police regarding an underage sale and the Sub-Committee heard that despite having indicated that measures were in place it was later found that they hadn't in fact been adopted as would be expected. Also, poor detail as to the extent of training and steps implemented remained an issue.
Underage sales are a serious concern and a failure to promptly implement positive steps to fully address such issues is a concern. However, on balance this was not felt to be sufficient reason to refuse the application at this stage. Issues regarding training could be addressed by way of condition.
In reaching this decision the following factors were taken into account:
- The proposed additional bar shall be used for private events only - where those attending may also be staying at the hotel.
- The additional bar will ... view the full decision text for item 3.