Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 27th April, 2022 2.00 pm

Venue: Council Chamber - The Guildhall, Portsmouth. View directions

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No. Item


Appointment of Chair.


Councillor Udy was elected as chair. She welcomed everyone and explained how the meeting would work and the procedure that would be followed (for hearings where representations are from "other persons" i.e. residents). Introductions were made by those present.



Apologies for Absence.


Declarations of Members' Interests.


There were no declarations of members' interests although in the interests of transparency Councillor Udy said she has a friend who works in Pie & Vinyl in Castle Road.



Licensing Act 2003 - Application for variation of a premises licence - Delaneys, 77B Castle Road, Southsea PO5 3AY pdf icon PDF 255 KB


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').


The sub committee is requested to determine the review appllication.

Additional documents:


Derek Stone, Principal Licensing Officer, introduced his report, explaining that the matter had been referred to the committee following receipt of relevant representations from other persons. On 13 January 2021 the Sub-Committee granted a premises licence with reduced hours. The application for variation seeks to extend the hours permitted for alcohol sales on Friday and Saturday from 2100 to 2230 hours. There have been no representations from the responsible authorities. The Principal Licensing Officer had consulted Richard Maidment (Principal Regulatory Services Officer) in Environmental Health. No formal complaints have been made to Environmental Health. The applicant extended trading hours with a Temporary Event Notice (TEN) ten times since the licence was granted but seven occasions were cancelled due to Covid. A map of nearby premises and a list giving their hours for opening and selling alcohol was tabled.


Questions from members

In response to a question from members, the Principal Licensing Officer advised that when Delaneys want to open later under a TEN they submit an application to the Licensing Office who advertise it then give formal notification when granted. The notice is put in the window of the premises. If it is a late TEN the police or Environmental Health can object and the application is rejected.


There had been one complaint about the seating outside the premises but this was because of a misunderstanding. The applicant then extended the hours for the pavement (amenity) licence. The outside seating will still be removed at 2100 hrs despite the application to extend trading hours. There have been complaints about other nearby premises but no formal action has been taken. One of the premises has recently changed hands.


There were no questions from the applicant for the Principal Licensing Officer.


In response to a question from the Legal Advisor, the Principal Licensing Officer said two objectors live above the premises, some directly opposite and one further down Castle Road. However, some supporters live opposite.


Applicant's case

·         Ms Delaney said the business has struggled with having to close at 9 pm as it means the "dining window" is only 1.5 hours. Some customers have cancelled bookings when they find that they have to leave at 9 pm. Extending the hours would make use of the dining facilities. At the moment the premises is empty of diners and more attractive to drinkers. However, the business does not want to be a bar. It also serves breakfast and lunch.

·         Ms Delaney had approached Mrs May to say why she wanted to extend the hours. Ms Delaney wants to work with Mrs May and come to an amicable arrangement.

·         Ms Delaney has a business to run and has waited over a year to see if she can work with the current opening hours. The chef is left hanging around for a handful of diners. The premises' potential is not being fulfilled as a restaurant as other nearby premises are, for example, Giuseppe's and Ning's. The low number of diners also means produce is wasted.

·         Ms  ...  view the full minutes text for item 19.