Agenda and minutes

Councillor Claire Udy was present as Chair. She welcomed everyone and explained how the meeting would work and the procedure that would be followed. Introductions were made by those present.

It was agreed that the hearing would adjourn shortly before 11.00 am and resume 10 minutes later to allow those present who wished to attend the war memorial for remembrance observance to do so.

There were no declarations of members' interests.

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 the following premises:

Kwiki Mart Food n Tipple, 111-113 Albert Road, Southsea, Hants.

The holder of the authorisation is recorded as Mr Panchalingam Aranan.

The Sub Committee is requested to determine the review application.

Derek Stone, Principal Licensing Officer, explained that the purpose of the meeting is for the Licensing Sub-Committee to consider the application for a review of the premises licence made by Karen Whiteaway, a local resident.  He explained that representations had been received from the Licensing Authority as responsible authority, ward Councillor Hugh Mason and several local residents supporting the review application; one representation supporting the business and its operation was received from a local business owner.  The Premises Licence Holder had, through his solicitor, submitted a representation including details of a previous review in 2014 and the Licensing Sub-Committee's decision.

Questions

There were no questions for the Principal Licensing Officer from members, the ward Councillor or Responsible Authority.

In response to a question from the Premises Licence Holder's representative who sought clarification about mobile phone footage and photographs submitted as part of the review by two residents, the Principal Licensing Officer explained there were two clips which had been provided to Mr Wallsgrove before the hearing.

The footage had not been provided to members of the Licensing Sub-Committee prior to the hearing at the request of the Premises Licence Holder's representative. 

Mr Wallsgrove stated that individuals that had produced the footage were not present to be questioned about their actions and that this would mean the evidence could not be challenged and ought not be viewed. Further,  that it was not acceptable for footage of activities within private premises (the shop under review) to be seen.  The Legal Advisor advised that it was for the Licensing Sub-Committee to decide on the relevance of the footage and consider what weight to give it.  He explained that he had not seen the clips, but believed it had been taken from the Applicant's home, in the main showed public areas (the street) - which was confirmed by the Principal Licensing Officer and that even if it was considered to be unlawfully obtained, it was for the Licensing Sub-Committee to determine if it was relevant and whether it was reasonable to view the clips. 

The Principal Licensing Officer commented that Mr Wallsgrove correctly directed at the previous review hearing in 2014 that there was nothing to directly link concerns around the activities and behaviour of people frequenting the premises to the Kwiki Mart Food n Tipple.  The mobile phone footage now presented, however, seemed to provide a causal link of anti-social behaviour to the premises.

It was proposed that it would be helpful in determining the review application to view the footage available. 

Exclusion of Press and Public

It was agreed that the following motion be adopted: Under the provisions of Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 the public be excluded from that part of the hearing that the licensing authority considers the public interest in so doing outweighs the public interest in that part of the hearing taking place in public. The public shall be excluded for the viewing of CCTV or other recordings that may identify third parties.  ...  view the full minutes text for item 38.