Agenda and minutes

Licensing Sub-Committee - Monday, 9th October, 2023 10.00 am

Venue: The Executive Meeting Room - Third Floor, The Guildhall, Portsmouth. View directions

Contact: Democratic Services  Email: Democratic@Portsmouthcc.gov.uk

Media

Items
No. Item

53.

Appointment of Chair

Minutes:

Councillor Stuart Brown was duly appointed as Chair for the meeting.

54.

Declarations of Interest

Minutes:

There were no declarations of interest.

55.

Licensing Act 2003 - Application for variation of a premises licence - Southsea Brunch Klub, 119 Elm Grove, Southsea, PO5 1LH pdf icon PDF 221 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 matter has been referred to the committee for determination following receipt of relevant representations from a number of local residents.

 

Additional documents:

Minutes:

Also Present: 

Ben Attrill - PCC Legal Advisor

Derek Stone - PCC Licensing Officer

 

Steve Hudson - Applicant

John Wallsgrove - Applicant's legal representative

 

Michael Cross - Local Resident

Laura Cook - Local Resident

Adrian Bird - Local Resident

 

Summary of Application and Representations

The Licensing Manager presented the report the purpose of which was for the committee to consider an application for the variation of a premises licences pursuant to section 35 of the Licensing Act 2003.  The matter had been referred to the committee for determination following receipt of relevant representations from a number of local residents.

 

The Licensing Officer outlined the variations applied for, the background to the application and the history of the premises.  He noted the Police had requested an amendment on the CCTV conditions which had been done, the Police then having no further objections.

 

The Licensing Officer advised that on Wednesday 4 October 2023 a further video clip had been received which would be shown to the Panel.  The Applicant had seen the clip.  The panel was also provided with a photograph taken on 19 August from outside the launderette on Elm Grove.  An additional email had been received that morning regarding a noise issue over the weekend and this had been shared with the Applicant and his legal representative.

 

The Legal Advisor noted there had also been a direct email sent by a resident to the panel members which had been shared with the Applicant's legal advisor with no objections being raised.

 

Members' questions to Licensing Manager

In response to questions the Licensing Manager clarified:

 

·         An application to vary a licence retrospectively shouldn’t happen - the situation was quite a rare occurrence as Licensing would want to inspect the premises and ensure the variation is suitable.

 

·         The council policy on late-night venues around the city only relates to the control zone around the Guildhall Walk area where there is a restriction on the number of premises.

 

·         In its current ownership, the venue had received some complaints around noise resulting in a visit from Public Protection.  The Licensing Manager visited one Saturday lunchtime and observed the door to be open which was a minor breach of a condition that the door should be shut.

 

·         None of the responsible authorities had made a representation in relation to the application.

 

·         Licensing is not able / the relevant authority to enforce in relation to the LED sign in the photograph submitted in one of the representations.

 

·         There are a number of other licensed premises in the area some of which are licensed to 3am or 4am.

 

Applicant questions to Licensing Manager

There were no questions.

 

Other Persons' questions to Licensing Manager

In response to questions the Licensing Manager clarified:

 

·         The licensing authority's interpretation of 70 seats was that it meant the same as 70 covers.

 

·         The licence for the premises was last amended in November 2022.

 

·         When the application was submitted all responsible authorities would have been notified.  The fire authority has made no  ...  view the full minutes text for item 55.