Agenda and decisions

Licensing Sub-Committee - Wednesday, 10th March, 2021 10.00 am

Venue: Virtual Remote Meeting. View directions

Contact: Democratic Services - Tel 023 9283 4870  Email: Democratic@Portsmouthcc.gov.uk

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Items
No. Item

1.

Appointment of Chair

2.

Declaration of Interests

3.

Licensing Act 2003 - Application for grant of a premises licence - Grand Hotel Excelsior International Limited, Royal Marines Museum. Eastney Esplanade, Southsea pdf icon PDF 335 KB

The purpose of this report is 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").

 

The matter has been referred to the committee for determination following

receipt of relevant representations from one or more of the responsible

authorities and from other persons.

 

The committee is requested to determine the application.

Additional documents:

Decision:

In the matter of: Licensing Act 2003 - Application for a premises licence - Grand Hotel Excelsior International Limited, Royal Marines Museum, Eastney Esplanade, Southsea

 

All parties shall receive written confirmation of the decision and reasons.

 

Decision

The Sub Committee has considered very carefully the application for a premises licence at the Grand Hotel Excelsior International.  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 and the public sector equality duty has been borne in mind whilst making the decision.

Eighteen residents or 'other persons' have objected to the grant of the licence due to concerns generally about noise / prevention of public nuisance - particularly at night.  One member of the public had withdrawn their representation following correspondence from the Applicant.

The Sub Committee noted that there had been no representations from responsible authorities - in particular from Environmental Health and noted that conditions had been agreed with the police.

A representation was also received in support of the application.

After having heard all of the above evidence the Sub Committee determined to grant the application as applied for, subject to limiting the proposed hours as follows:

-       Licensable activities shall cease in any outdoor area at 23.00 on any day.

-       Emptying of bottle bins shall not be undertaken in any outdoor area between the hours of 21.00hrs and 08.00 hrs on any day.

 

 

Reasons

Applicant's case

The following were points expressed in support of the application during the hearing:

The application is for a five star hotel, which will operate in a sympathetic manner to ensure high standards are maintained.

Noise nuisance generated by events would not be compatible with the primary use as a five star hotel - so there is no intention to allow excessive noise or disturbance. In this way the activity will be self-regulating.

No representation has been made by Environmental Health or any of the responsible authorities objecting to the application.

Other premises referred to during the hearing are not five-star establishments (the nearest being in Southampton) and accordingly direct comparison ought not be drawn to their operating hours.

The opening of a five-star hotel would be an asset to the area and the operators are conscious of residents and their concerns.

The full extent of the hours applied for would not be utilised at all times but would allow flexibility.

Rules and regulation is in place - should the premises not be run as set out or in a way that generates a nuisance.

 

Residential Objectors' case

In addition to the written representations (which were read in full by all members of the Sub-Committee) the following were reiterated / expanded upon during the course of the hearing:

The proximity of residential premises to the proposed hotel (to within 6 or 10.5 metres in places).

The lack of sound insulation  ...  view the full decision text for item 3.