Venue: Council Chamber - The Guildhall, Portsmouth. View directions
Contact: Democratic Services - Tel 023 9283 4870 Email: Democratic@Portsmouthcc.gov.uk
Appointment of Chair
Declaration of interests
Exclusion of Press and Public
Exclusion of Press and Public
Supporting papers have not been published in accordance with the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972.
The Sub-Committee will be required to determine whether the public interest test is met in accordance with Licensing Act 2003 (Hearings) Regulations 2005, Regulation 14 and whether the press and public should be excluded from the hearing.
Under the following exemption paragraph numbers:
1. Information relating to an individual
2. Information that is likely to reveal the identity of an individual
3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).
(Members are asked to hand in their confidential papers to the Democratic Services Officer at the end of the meeting.)
Licensing Act 2003 - Summary Review of a premises licence
The Sub-Committee is requested to determine the matter.
PORTSMOUTH CITY COUNCIL
LICENSING SUB COMMITTEE
APPLICATION FOR SUMMARY REVIEW - TOKYO JOE'S,
29 - 33 GUILDHALL WALK, PORSMOUTH, PO1 2RY
SUMMARY REVIEW HEARING, WEDNESDAY 30TH NOVEMBER 2022
All parties shall receive written confirmation of the decision and reasons.
The Sub-Committee has had to determine whether the hearing ought to be held in private session, with the press and public excluded. It was directed to regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 and considered the public interest test set out therein. An email had been received from a local reporter expressing a view that it would be in the public interest, given the amount of detail already in the public domain and significant interest in the matter, to hold the hearing in public. The police indicated that a prosecution and investigation was ongoing and that it may hinder the hearing if certain matters could not be disclosed or conveyed freely. On balance, the Sub-Committee determined that whilst it was a default position in the Hearings Regulations that hearings be public, in this case the public interest in the proper investigation and prosecution of criminal offences outweighed the public interest in the hearing being publicised. However, the decision and reasons shall be published on the basis that they do not place sensitive data or information in the public domain.
The Sub-Committee has considered very carefully the application for summary review of a premises licence at the Tokyo Joe's. 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 relevant representations, both written and given orally at the hearing, by all parties. Human rights legislation and the public sector equality duty has been borne in mind whilst making the decision.
The Sub-Committee noted that on 7th November 2022 at 12.54pm Portsmouth City Council received an application for summary review from the chief officer of police for Hampshire Constabulary in relation to Tokyo Joe's including a certificate confirming the premises are associated with serious crime and serious disorder.
On 8th November 2022 the Licensing Authority convened a sub-committee hearing to consider interim steps.
At that hearing the Licensing Authority heard from the police in relation to the events leading to the application, namely an incident on 5th November involving a serious stabbing (in so far as several members of the public and staff were injured), an underage minor was on the premises at the time as well as suspected class A drugs on the premises. The severity of the incident and the lack of measures in place to prevent knives being brought into the premises at the time were of extreme concern.
The Sub-Committee determined that it was necessary, given all the facts it had heard, that:
- The premises licence should be suspended (with immediate effect) pending the full review hearing
In the event that the premises implemented:
- a policy of 100 % scanning of customers, with use ... view the full decision text for item 4.