Agenda and draft minutes

Licensing Sub-Committee - Monday, 22nd August, 2022 3.00 pm

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

Contact: Karen Martin  Email: Democratic@Portsmouthcc.gov.uk

Webcast: View the webcast

Items
No. Item

42.

Appointment of Chair

Minutes:

Councillor Payter-Harris was elected as chair for this meeting. He welcomed everyone and outlined the procedure that would be followed.  Introductions were made by those present.

 

43.

Declarations of Members' Interests

Minutes:

There were no declarations of Member's Interests.

44.

Licensing Act 2003 - Application for variation of a premises licence - Deco, 128 Elm Grove, Southsea pdf icon PDF 235 KB

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 other persons namely residents in close proximity to the venue. Ten objection representations have been received and four in support of the application.

Additional documents:

Minutes:

The Principal Licensing Officer introduced the report, informing the Licensing Sub-Committee that the Applicant was seeking:

 

·         An extension to the sale of alcohol currently Monday to Sunday 09:00 until 00:00 to Sunday to Thursday 09:00 until 01:00 and Friday and Saturday 09:00 until 03:00 hours.

·         An extension to late night refreshment provision currently Monday to Sunday 23:00 until 01:00 to extend this until 03:00 on a Friday and Saturday.

·         An extension to opening hours currently Monday to Sunday 08:00 until 01:00 hours to Sunday to Thursday 08:00 until 01:30 hours and Friday and Saturday 08:00 until 03:30 hours.

·         Additionally, the seasonal variation will extend until 03:30 hours on Bank Holiday Sundays.

·         The removal of four existing conditions.

·         A change to the SIA licensed door staff on Fridays and Saturdays to cover the extended hours.

·         Plus the introduction of an ID scanner from 21:00 hours on Fridays and Saturdays which was agreed with the Police before the variation application was submitted.

 

The Principal Licensing Officer also informed the Licensing Sub-Committee that:

·       The Applicant had operated to the proposed hours under Temporary Event Notices (TENs) over four weekends.

·       The applicant has detailed in the operating schedule the steps intended to support and promote the Licensing Objectives (Appendix A of the report).

·       The current licence is attached as Appendix B to the report.

·       The variation application was advertised as required by the Licensing Act 2003.

·       The pub has traded as Deco since October 2005 under its present owner.

·       The pub originally traded as the Elms and was constructed in 1936, replacing an earlier tavern of the same name that had existed since at least the mid-19th century.

·       In 2006, the Licensing Sub-Committee approved a variation to the Premises Licence to extend its hours of operation to the current permitted hours.

·       There have been no representations from any of the Responsible Authorities.

·       Relevant representations have been received from Councillor Judith Smyth local ward councillor, concerning the potential for noise and suggesting a closure time of 01:00 hours.

·       In representations from other persons, local residents have described the late hour applied for as likely to cause a general noise nuisance in the area and make reference to general noise, nuisance and anti-social behaviour.

·       A few representations mentioned smokers outside Deco and the noise from motorcycles starting up and leaving at closing time.

·       There are four support representations, two from residents in very close proximity to the premises.

 

The Principal Licensing Officer reminded the Licensing Sub-Committee that in determining the variation application, it must have regard to the promotion of the Licensing Objectives, the Licensing Act 2003, the council's statement of Licensing Policy, current statutory guidance and other relevant matters.  He explained that after having regard to the representations, the Sub-Committee may take such steps, if any, as it considers appropriate for the promotion of the Licensing Objectives. The Officer also explained that the Licensing Act 2003 allows for the Review of a Premises Licence where there is evidence, and this provides protection for the community.  ...  view the full minutes text for item 44.