Agenda and draft minutes

Licensing Sub-Committee - Tuesday, 20th September, 2022 10.00 am

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

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

Webcast: View the webcast

Items
No. Item

49.

Appointment of Chair

Minutes:

Councillor Madgwick was elected as Chair of the Licensing Sub-Committee.

He welcomed everyone and outlined the procedure that would be followed.

Introductions were made by those present.

 

50.

Declarations of Member's Interest

Minutes:

No interests were declared.

For transparency, Councillor Madgwick noted that the representation to be made was by another member of the Independent Party of which he was the Leader but stated that no discussion had taken place about this case.

 

 

51.

Apologies

Minutes:

Ben Attrill, Legal Advisor had tendered his apologies

52.

Licensing Act 2003 - Application for grant of a premises licence - Kwikimart,
373 London Road, Portsmouth, PO2 9HJ
pdf icon PDF 231 KB

PURPOSE

The purpose of this report is for the committee to consider an application for the grant of a new premises licence pursuant to section 18 of the Licensing Act 2003 ("the Act").

 

The Licensing Sub-committee is requested to determine the application.

 

Additional documents:

Minutes:

The Chair advised that although there was no Portsmouth City Council legal representation at the meeting, all parties had agreed to continue with the hearing with the option to adjourn should the need arise. 

 

The Principal Licensing Officer introduced the report and set out the application.  He explained that the application had been bought to the sub-committee for determination, following two representations, one from Councillor Simpson and the other from a nearby resident Ms Smith, who was unable to attend.

 

The application was for off sales of alcohol for the duration of the shop opening hours of 6am to midnight.  The details of this and the steps intended to support and promote the licensing objectives could be found in appendix A and a plan of the premises at appendix B.

 

Public notice had been given by way of press notices, a premises notice and the local ward councillors were notified of the application so there were no grounds to reject the application for non-compliance with the prescribed advertising requirements.

 

The Principal Licensing Officer advised there had been no representations from any of the responsible authorities.   The two representations from Councillor Simpson and Ms Smith objected to the hours applied for on the basis that they could breach the promotion of the licensing objectives for public nuisance and anti-social behaviour.

 

For clarity, the Principal Licensing Officer noted the licensing objectives are:

·         The prevention of law and disorder

·         Public Safety

·         Prevention of public nuisance

·         Protection of children from harm.

 

Questions for Principal Licensing Officer

In response to questions from members, the officer clarified:

 

·         The licensing times for nearby premises are:

-       Green Post Public House on and off sales are Monday to Thursday 11:00 - 23:00 (closing 23:40), Friday and Saturday 11:00 - 24:00 (closing 00:40). 

-       Viva Convenience Store - Monday to Saturday 08:00 - 23:00, Sunday 10:00 - 22:30. (off sales)

-       Spar - 06:00 - 24:00 (off sales but close at 22:00)

-       Tesco Express 06:00 - 23:00 (off sales)

 

Applicant Case

Mr Jon Wallsgrove presented the Applicant's case and began by noting that the representations were not in relation to whether the license should be granted but rather what hours are appropriate.  Nothing in the representations called into question the operation of the shop or the fitness of Mr Aranan as a license holder.

 

He stressed the opening hours of the shop would remain at 06:00 - 24:00 even in the eventuality that the committee granted the license for shorter hours of alcohol off sales.

 

Mr Wallsgrove noted the concerns of possible anti-social behaviour or noise caused by people congregating outside the shop.  He stressed that it would be in Mr Aranan's commercial interest to make sure this does not happen.

 

Mr Wallsgrove described Mr Aranan's 19 years experience owning and managing his 10 licensed premises in the city.  Proper due diligence is in place within the stores to make sure the licensing objectives are promoted.  This included a comprehensive, digital, colour, CCTV system with recording facilities.  Training  ...  view the full minutes text for item 52.