Agenda and minutes

Councillor Scott Payter-Harris was appointed Chair.

No interests were declared.

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 Act").

The matter has been referred to the committee for determination following receipt of relevant representations from a responsible authority, Lorraine Astill Public Protection, Environmental Health Service, and from twenty one other persons who are local residents. Further detail about the representations received is shown at paragraph 4.

RECOMMENDED that the Licensing Committee determine the matter.

Ben Attrill, Legal Advisor explained the hearing procedure that would be followed and reminded all parties that new matters cannot be raised. 

Derek Stone, Principal Licensing Officer introduced his report and in response to questions from members, he explained that an application should have been submitted before the bar was moved to the front of the premises.  However, the new location does not alter greatly the premises other than it should have been reflected on the plan.

In response to a question from the Legal Advisor, he explained that there had been no objections to the bar being moved and therefore this should be regarded as effectively granted in its own right. 

In response to a further question from members, the Licensing Officer explained that a few visits to the premises had been made and no issues other than noise complaints had been received; these had been responded to by either his office or Environmental Health.

The applicant noted that there had been three visits regarding noise.  She informed the panel that she had moved the bar at the suggestion of the Environmental Health Officer during a visit in Summer. 

There were no questions from the Principal Regulatory Services Officer nor the other persons.

In response to questions from the Legal Advisor, the Licensing Officer confirmed that under the current licence from Monday to Saturday alcohol can be sold until 2am and under the Live Music Act, both live and recorded music can be played until 11pm.  On Sundays, alcohol sales cease and the premises closes at 11pm.  The premises owner is seeking for permission to sell alcohol for one extra hour and for regulated entertainment for an extra four hours.  This is not a general review of the licence and members were only able to determine the application i.e. whether the extra hours / licensable activities should be granted.

Monica Souza and Marcia Dray included the following points in their representation:

Ms Souza has lived in England for nine years and visited Southsea three years ago.  She lived in Fareham and then moved to Southsea.  She loves the location and the fact that it is only three minutes from the beach. 

It took a few months to get the premises.  Since it opened, anti-social behaviour in the street (drinking, drug-taking, urinating) has disappeared.  English ladies have told her that they feel safer since the premises opened a year ago because it is no longer dark.  In the year it has been open there have only been two incidents of assault outside in the street.  The bar is loved because it is a family place.

She asked for a permit for parties to celebrate both Brazilian days and English days.  It does not mean she would use it every day.  Normally the bar closes at 8pm during the week.

Southsea is a tourist place and there is life in Summer.  She is trying to bring life to the area. 

She has tried to do everything that has been  ...  view the full minutes text for item 3.

This item was added to the agenda on 23 January 2023.

Purpose

The purpose of this report is for the committee to consider an objection notice given by a relevant Regulatory Service in respect of a Temporary Event Notice received by the licensing authority reference (23/00267/LATENS).

RECOMMENDED that the committee determine this matter.

Derek Stone, the Principal Licensing Officer introduced his report.

There were no questions.

Ms Souza, the premises licence holder included the following points in her representation:

The TENS application had been submitted to allow them to invite the Brazilians in the community around to celebrate the premises' one year anniversary and to see if she can pay this month's rent.

In response to a question from the Regulatory Services Officer, she explained that entertainment would start at 6pm with live music.

In response to a question from the committee, Ms Dray explained that they would look into the noise-measuring equipment that had been mentioned by Environmental Health.   She had also spoken to a DJ earlier that morning and been given tips.

In response to further questions from the Regulatory Services Officer, she added that Ms Souza would use noise monitoring equipment rather than volume-limiting.  This would be done by the door and be set at the level recommended by the council.

There were no more questions.

Ms Astill, Regulatory Services Officer included the following points in her representation:

The concerns are regarding the suitability of the building in preventing noise disturbance to residents, the door, and the lack of control over the smoking area.  The applicant has highlighted that they will deal with noise levels by monitoring it but not try to limit them.  2am is still in the early hours of the morning when the background noise levels would be low. 
There has been no mention of how the dispersal of customers would be managed or whether the music would be lowered before the cut off time.

The applicant added that she and the door staff take care of people smoking outside.  It is not for many people.  There are 300 people outside on the other side of the road fighting.

Ms Dray asked that rather than refusing this application, tell them what they needed to do before the event.

The Chair noted that each application is determined on its own merit and a decision on this application had not yet been made.

In response to the question from Ms Dray, the Regulatory Services Officer explained that the committee will decide whether this event would go ahead and that it was too late for the application to be withdrawn.   They could only consider what is present at the time.  If the application were to be refused, another application could be submitted.  However, the responsible authorities only have three days to respond which would not give the applicant time to put new processes in place.  The measures need to be in place before an application is made so that the responsible authorities are less likely to make representations.

In response to questions from the Legal Advisor, Ms Souza explained that a doorman had been on duty at the Halloween event from 6pm until the last person left.  His role was to control IDs, ensure people do not take drinks outside, not to allow many people to congregate and to refuse  ...  view the full minutes text for item 4.

This item was added to the agenda on 23 January 2023.

Purpose

The purpose of this report is for the committee to consider an objection notice given by a relevant Regulatory Service in respect of a Temporary Event Notice received by the licensing authority reference (23/00269/LATENS).

RECOMMENDED that the committee determine this matter.

Derek Stone, the Principal Licensing Officer introduced the report.

There were no questions for the Licensing Officer.

Lorraine Astill, the Regulatory Services Officer included the following points in her representation:

The objections are based on the likelihood of public nuisance occurring from entertainment provided until 2am, dispersion of customers and noise from customers smoking outside.

Ms Dray asked whether the application could be agreed subject to the measures suggested in the previous hearings being put in place.

The Legal Advisor explained that the premises licence holder is expected to approach Environmental Health, the police and the Licensing Authority before submitting an application to discuss what they are proposing and the steps that could be taken to mitigate any issues.  Unfortunately, it would be impossible for the committee to take into account at this point any potential proposed measures to be agreed, because members would not know what they would be or whether they would be acceptable.

Ms Dray explained that Ms Souza had spoken to the Licensing Officer, and he suggested she ask Regulatory Services to visit the premises.  She emailed them on 8 January but did not receive a response.  Therefore, there was no time to implement anything.

The Chair explained that the mitigation should already be on the table; it is not something you can negotiate in the meeting.

In response to questions from the Legal Advisor, Ms Souza explained that she would employ a doorman to prevent too many people being outside and she hopes to measure the sound outside and people drinking outside.  After 11pm there would not be too much noise outside.  She helps people go to the taxis.

Summing Up.

The applicant added that she could put a soundproof board to cover the glass at the front during parties.

Everyone confirmed that they had nothing else to add. 

The committee went into private session to deliberate.

The Chair read out the decision and reasons.

DECISION

The Sub Committee has considered very carefully the application for a Temporary Event Notice (TEN) at Carioca Emporio for 4^th March 2023 and whether to issue a counter notice.  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 representations, both written and given / expanded upon at the hearing, by both parties.  Human rights legislation and the public sector equality duty has been borne in mind whilst making the decision.

After considering all of the above the Sub Committee has determined to issue a counter notice.

Reasons

The Sub Committee noted that the application sought provision for the sale / supply of alcohol (although it was noted this is already permitted by the existing licence), the provision of regulated entertainment and an extension to the hours for late night refreshment. There had been a representation from environmental health. This mirrored the previous application.

Similarly environmental health confirmed the premises is not located in a night-time economy area and is in a  ...  view the full minutes text for item 5.