Havant Borough Council
Councillors:
36
Wards:
17
Committees:
35
Meetings (2025):
87
Meetings (2024):
96
Meeting
Licensing Sub Committee - Havant
Meeting Times
Scheduled Time
Start:
Thursday, 13th June 2024
11:00 AM
Thursday, 13th June 2024
11:00 AM
End:
Thursday, 13th June 2024
1:00 PM
Thursday, 13th June 2024
1:00 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
13 Jun 2024
13 Jun 2024
Location:
Public Service Plaza, Civic Centre Road, Havant PO9 2AX
Public Service Plaza, Civic Centre Road, Havant PO9 2AX
Meeting Attendees
Secretary
Democratic & Electoral Services Manager
Jenni Harding
Expected
Public
Spare Copies
Expected
Chairman
Chairman of Governance Committee
Committee Member
Mayor of Havant
Committee Member
Chairman of Licensing Committee
Secretary
Democratic Services Officer
Emma Carlyle
Expected
Agenda
1
Apologies for absence
To receive and record any apologies for absence.
Minutes
There were no apologies for absence.
2
Declarations of Interests
To receive and note any disclosable pecuniary interests from councillors. In accordance with the Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.
Councillors are further invited to disclose any personal or prejudicial interests which may be relevant to any matter on this agenda. Participation in the meeting and vote shall depend upon the nature of the interest.
Councillors should refer to the declaration of interest flowchart and raise any queries with the Monitoring Officer in advance of the meeting.
Members are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent and if appropriate, withdraw from the room immediately thereafter.
Councillors are further invited to disclose any personal or prejudicial interests which may be relevant to any matter on this agenda. Participation in the meeting and vote shall depend upon the nature of the interest.
Councillors should refer to the declaration of interest flowchart and raise any queries with the Monitoring Officer in advance of the meeting.
Members are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent and if appropriate, withdraw from the room immediately thereafter.
Minutes
There were no declarations of interests from members relating to matters on the agenda.
3
Application for a Premises License - The Exchange, 93 London Road, Waterlooville, Hampshire, PO7 7EG
Report number HBC/109/2024 is attached from the Licensing Officer.
Attachments:
- Document Committee Report - Licensing Sub Committee 24 0613 05 Jun 2024
- Document APPENDIX A - Application and site plan 05 Jun 2024
- Document APPENDIX B - Responsible Authorities contact table 05 Jun 2024
- Document APPENDIX C - Police licensing Representation 05 Jun 2024
- Document APPENDIX D - HBC EH Pollution Team Representation 05 Jun 2024
- Document APPENDIX E - Licensing Representation 05 Jun 2024
- Document APPENDIX F - 'Other persons' representations - MEMBERS 05 Jun 2024
- Document APPENDIX G - Offered conditions in addition to the operating schedule 05 Jun 2024
Minutes
Decision Notice – Licensing Hearing Sub Committee
The Chairman welcomed all parties to the meeting and explained the procedure for the hearing.
The Sub-Committee considered very carefully the application for grant of a premises licence for The Exchange, 93 London Road, Waterlooville, Hampshire, PO7 7EG, as submitted.
It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 have been considered whilst making the decision.
The Sub-Committee made its decision on the basis of all of the evidence submitted, both in writing and given orally at the Hearing.
The Sub-Committee heard evidence from the applicant, and 4 objectors orally. They also considered 5 written objections.
The Sub-Committee noted that 3 Responsible Authorities attended the Hearing, and suggested conditions to be added to the licence, should the application be granted. The Applicant stated that they were in agreement with the conditions suggested, save for the requirement for SIA accredited staff to be present and the requirement for a noise limiting device.
Having considered all of the above the Sub-Committee decided to grant the application with the following conditions:
- All licensable activity shall be permitted from 8am to midnight on Sunday to Thursday.
- All licensable activity shall be permitted from 8am on Friday and Saturday to 1:30am on Saturday and Sunday mornings, with no entry to be permitted after midnight on Friday and Saturday.
- All external areas of the premises shall be closed at midnight every day.
- Additional conditions as set out at the end of this decision.
Reasons:
The Sub-Committee has listened to the concerns of the local resident and Responsible Authorities which related to all four licensing objectives. At the meeting, the representations focussed mainly on public nuisance and prevention of crime and disorder.
Overall the Sub-Committee were pleased that the Applicant agreed the conditions proposed by the Responsible Authorities save for conditions relating to a noise limiter and SIA accredited staff. They considered that it would promote the licensing objectives if the conditions that were agreed were imposed on the licence.
The Sub-Committee heard concerns from the Responsible Authorities that the application did not sufficiently deal with the promotion of the licensing objectives. The Police and the Licensing Department stated that there were not enough protections in place to reduce the risk of crime and disorder (through late night revellers going to the premises to drink alcohol once other premises had closed) and Environmental Health stated that there were not enough protections to prevent public nuisance (through noise leaving the process).
The Sub-Committee heard from the Applicant that they felt that the presence of SIA staff would not sufficiently promote the licencing objectives and could be better managed ‘in-house’ through their staff. They also stated that the presence of SIA staff would give the wrong impression of the type of venue it is, which would create a higher risk of crime and disorder. The Sub-Committee understood the point being made, but considered that if the licence was to be granted beyond midnight, SIA staff would be better qualified to deal with any issues.
The Sub-Committee heard an objection from a member of the public that if the premises was open later than other venues in the area, there would be an increased risk of public disorder as patrons leaving other venues would attempt to come to this one. It was considered reasonable therefore that restricting the licensable activities to the hours set out above and restricting entry after midnight would mitigate against this risk.
The Sub-Committee also considered that closing any external areas after midnight, coupled with the conditions regarding noise management, would sufficiently promote the prevention of public nuisance.
The Applicant accepted that they did not intend to open beyond 11pm to midnight often, and that they had applied for a licence to 2am to allow for events such as weddings and birthdays. The Sub-Committee considered that, because the Applicant can apply for a Temporary Event Notice, this would be a better way for them to open later if required.
There is a right of appeal for any party to the Magistrates’ Court. All parties will receive written notification of the decision with reasons which will set out that right in full.
Additional Conditions:
All Licensing Objectives
Training
All staff involved in the sale or supply of alcohol shall receive licensing training that includes appropriate precautions to prevent the sale of alcohol to persons under the age of 18, the signs and symptoms of drunkenness, the refusal of service due to intoxication, age verification policy and conflict management. Records will be kept of such training which must be signed and dated by the member of staff who has received that training. All staff will receive refresher training every six months as a minimum and records are to be kept of this refresher training. These records shall be made available to Police and/or Local Authority upon request and shall be kept for at least one year.
Prevention of Crime and Disorder
Authorisation for alcohol sale / supply
A written record shall be retained at the bar area to list the staff that have been authorised to sell or supply alcohol following their training. This shall be made available to the Police and/or Local Authority upon request.
Refusal / incident log
An incident book or computer log for refusals of service, ID checks and incidents shall be maintained by staff at the premises. These records shall be retained for a minimum of 1 year and be made available to the Police and other responsible authorities upon request.
CCTV
• CCTV will be installed at the premises.
• Cameras will be sited to observe the entrance and exit doors both inside and outside, the main bar, the dancing area and any external seating/smoking area.
• The CCTV system must be operating at all times whilst the premises are open for licensable activity.
• All equipment shall have a constant and accurate time and date generation.
• Digital systems shall provide good quality playback images that give free flowing playback footage.
• Recorded footage will be retained for a minimum of 31 days and will be made available to Police immediately on request when investigating allegations of offences or criminal activity.
• A trained member of staff will able to operate the system and download images will be on duty during operating hours.
• Any images recovered must be playable on a Windows-based computer system without the need for technical enhancement.
• The premises licence holder shall notify the Local Authority in writing of any interruptions or errors with the CCTV system that cause it not to properly record footage, within 7 days of such interruption or error.
Off sales
The premises licence holder shall ensure that any sales of alcohol for consumption off the premises are consumed either in the designated outdoor seating area, or supplied in closed containers ancillary to a meal sold for consumption off the premises. Any supply of alcohol for consumption off the premises shall be made to a customer in person, and not via a delivery service or similar, for the purposes of age verification.
Early hours alcohol supply
The premises licence holder shall ensure that any supply of alcohol made prior to 09:00 is made ancillary to a table meal, to be consumed on the premises.
Prevention of Public Nuisance
• The premises licence holder shall ensure that, where regulated entertainment is being provided beyond 23:00, all doors and windows to the exterior of the premises are closed after 23:00 and remain closed (save for emergency access/egress) until the regulated entertainment ceases.
• The premises licence holder shall install a noise limiting device that will distort or shut off music when a pre-determined limit has been reached, as agreed in writing with Environmental Health.
• The premises licence holder shall ensure that the designated outdoor seating/smoking area is closed to customers from midnight OR the premises licence holder shall limit the number of customers permitted at any one time in the designated outdoor seating / smoking area beyond midnight to a number agreed in writing with Environmental Health and the Licensing Authority.
Protection of Children from Harm
• The premises licence holder shall ensure that a Challenge 25 policy is in operation with regards to the supply of alcohol from the premises. ‘Challenge 25’ means that any individual seeking to be supplied alcohol will be asked for proof of their age should a trained staff member determine that they appear to be aged 25 years old or younger. Acceptable forms of identification shall be a passport, photocard driving licence or approved ‘PASS’ card with hologram.
• The premises licence holder shall ensure that no unaccompanied children are permitted on the premises beyond 21:00.
Noise Management Plan
• No live or recorded music shall take place at the premises until a Noise Management Plan has been submitted in writing to, and been agreed in writing by, Havant Borough Council’s Environmental Health Team. Once agreed it shall be fully implemented thereafter. The Noise Management Plan shall include:
a. supervision and management of the noise limiter.
b. keeping windows and doors closed after 23:00 Hrs when music is playing.
c. alternative systems of ventilation and cooling
d. Sound insulation measures required to prevent the breakout of noise from the building.
e. control of patron noise outside the building.
f. procedure for dealing with complaints of noise and corrective action taken.
g. procedure and locations for proactive monitoring
Noise Monitoring
• A scheme of noise monitoring shall be agreed by the Environmental Health Team of Havant Borough Council to ensure that the breakout of noise from the premises shall not be audible at the nearest residential property.
Noise Lobby
• A double door lobby shall be established at the entrance of the premises so that the external door is kept closed when the inner door is open.Care should be taken that any door to a lobby on a fire exit route is still capable of easy and rapid opening in the direction of exit in the case of emergency evacuation, and that the appropriate fire protection is provided after acoustic treatment. Ensure that doors are not opened unnecessarily during events.
The Chairman welcomed all parties to the meeting and explained the procedure for the hearing.
The Sub-Committee considered very carefully the application for grant of a premises licence for The Exchange, 93 London Road, Waterlooville, Hampshire, PO7 7EG, as submitted.
It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. The Human Rights Act 1998, The Equality Act 2010 and The Crime and Disorder Act 1998 Section 17 have been considered whilst making the decision.
The Sub-Committee made its decision on the basis of all of the evidence submitted, both in writing and given orally at the Hearing.
The Sub-Committee heard evidence from the applicant, and 4 objectors orally. They also considered 5 written objections.
The Sub-Committee noted that 3 Responsible Authorities attended the Hearing, and suggested conditions to be added to the licence, should the application be granted. The Applicant stated that they were in agreement with the conditions suggested, save for the requirement for SIA accredited staff to be present and the requirement for a noise limiting device.
Having considered all of the above the Sub-Committee decided to grant the application with the following conditions:
- All licensable activity shall be permitted from 8am to midnight on Sunday to Thursday.
- All licensable activity shall be permitted from 8am on Friday and Saturday to 1:30am on Saturday and Sunday mornings, with no entry to be permitted after midnight on Friday and Saturday.
- All external areas of the premises shall be closed at midnight every day.
- Additional conditions as set out at the end of this decision.
Reasons:
The Sub-Committee has listened to the concerns of the local resident and Responsible Authorities which related to all four licensing objectives. At the meeting, the representations focussed mainly on public nuisance and prevention of crime and disorder.
Overall the Sub-Committee were pleased that the Applicant agreed the conditions proposed by the Responsible Authorities save for conditions relating to a noise limiter and SIA accredited staff. They considered that it would promote the licensing objectives if the conditions that were agreed were imposed on the licence.
The Sub-Committee heard concerns from the Responsible Authorities that the application did not sufficiently deal with the promotion of the licensing objectives. The Police and the Licensing Department stated that there were not enough protections in place to reduce the risk of crime and disorder (through late night revellers going to the premises to drink alcohol once other premises had closed) and Environmental Health stated that there were not enough protections to prevent public nuisance (through noise leaving the process).
The Sub-Committee heard from the Applicant that they felt that the presence of SIA staff would not sufficiently promote the licencing objectives and could be better managed ‘in-house’ through their staff. They also stated that the presence of SIA staff would give the wrong impression of the type of venue it is, which would create a higher risk of crime and disorder. The Sub-Committee understood the point being made, but considered that if the licence was to be granted beyond midnight, SIA staff would be better qualified to deal with any issues.
The Sub-Committee heard an objection from a member of the public that if the premises was open later than other venues in the area, there would be an increased risk of public disorder as patrons leaving other venues would attempt to come to this one. It was considered reasonable therefore that restricting the licensable activities to the hours set out above and restricting entry after midnight would mitigate against this risk.
The Sub-Committee also considered that closing any external areas after midnight, coupled with the conditions regarding noise management, would sufficiently promote the prevention of public nuisance.
The Applicant accepted that they did not intend to open beyond 11pm to midnight often, and that they had applied for a licence to 2am to allow for events such as weddings and birthdays. The Sub-Committee considered that, because the Applicant can apply for a Temporary Event Notice, this would be a better way for them to open later if required.
There is a right of appeal for any party to the Magistrates’ Court. All parties will receive written notification of the decision with reasons which will set out that right in full.
Additional Conditions:
All Licensing Objectives
Training
All staff involved in the sale or supply of alcohol shall receive licensing training that includes appropriate precautions to prevent the sale of alcohol to persons under the age of 18, the signs and symptoms of drunkenness, the refusal of service due to intoxication, age verification policy and conflict management. Records will be kept of such training which must be signed and dated by the member of staff who has received that training. All staff will receive refresher training every six months as a minimum and records are to be kept of this refresher training. These records shall be made available to Police and/or Local Authority upon request and shall be kept for at least one year.
Prevention of Crime and Disorder
Authorisation for alcohol sale / supply
A written record shall be retained at the bar area to list the staff that have been authorised to sell or supply alcohol following their training. This shall be made available to the Police and/or Local Authority upon request.
Refusal / incident log
An incident book or computer log for refusals of service, ID checks and incidents shall be maintained by staff at the premises. These records shall be retained for a minimum of 1 year and be made available to the Police and other responsible authorities upon request.
CCTV
• CCTV will be installed at the premises.
• Cameras will be sited to observe the entrance and exit doors both inside and outside, the main bar, the dancing area and any external seating/smoking area.
• The CCTV system must be operating at all times whilst the premises are open for licensable activity.
• All equipment shall have a constant and accurate time and date generation.
• Digital systems shall provide good quality playback images that give free flowing playback footage.
• Recorded footage will be retained for a minimum of 31 days and will be made available to Police immediately on request when investigating allegations of offences or criminal activity.
• A trained member of staff will able to operate the system and download images will be on duty during operating hours.
• Any images recovered must be playable on a Windows-based computer system without the need for technical enhancement.
• The premises licence holder shall notify the Local Authority in writing of any interruptions or errors with the CCTV system that cause it not to properly record footage, within 7 days of such interruption or error.
Off sales
The premises licence holder shall ensure that any sales of alcohol for consumption off the premises are consumed either in the designated outdoor seating area, or supplied in closed containers ancillary to a meal sold for consumption off the premises. Any supply of alcohol for consumption off the premises shall be made to a customer in person, and not via a delivery service or similar, for the purposes of age verification.
Early hours alcohol supply
The premises licence holder shall ensure that any supply of alcohol made prior to 09:00 is made ancillary to a table meal, to be consumed on the premises.
Prevention of Public Nuisance
• The premises licence holder shall ensure that, where regulated entertainment is being provided beyond 23:00, all doors and windows to the exterior of the premises are closed after 23:00 and remain closed (save for emergency access/egress) until the regulated entertainment ceases.
• The premises licence holder shall install a noise limiting device that will distort or shut off music when a pre-determined limit has been reached, as agreed in writing with Environmental Health.
• The premises licence holder shall ensure that the designated outdoor seating/smoking area is closed to customers from midnight OR the premises licence holder shall limit the number of customers permitted at any one time in the designated outdoor seating / smoking area beyond midnight to a number agreed in writing with Environmental Health and the Licensing Authority.
Protection of Children from Harm
• The premises licence holder shall ensure that a Challenge 25 policy is in operation with regards to the supply of alcohol from the premises. ‘Challenge 25’ means that any individual seeking to be supplied alcohol will be asked for proof of their age should a trained staff member determine that they appear to be aged 25 years old or younger. Acceptable forms of identification shall be a passport, photocard driving licence or approved ‘PASS’ card with hologram.
• The premises licence holder shall ensure that no unaccompanied children are permitted on the premises beyond 21:00.
Noise Management Plan
• No live or recorded music shall take place at the premises until a Noise Management Plan has been submitted in writing to, and been agreed in writing by, Havant Borough Council’s Environmental Health Team. Once agreed it shall be fully implemented thereafter. The Noise Management Plan shall include:
a. supervision and management of the noise limiter.
b. keeping windows and doors closed after 23:00 Hrs when music is playing.
c. alternative systems of ventilation and cooling
d. Sound insulation measures required to prevent the breakout of noise from the building.
e. control of patron noise outside the building.
f. procedure for dealing with complaints of noise and corrective action taken.
g. procedure and locations for proactive monitoring
Noise Monitoring
• A scheme of noise monitoring shall be agreed by the Environmental Health Team of Havant Borough Council to ensure that the breakout of noise from the premises shall not be audible at the nearest residential property.
Noise Lobby
• A double door lobby shall be established at the entrance of the premises so that the external door is kept closed when the inner door is open.Care should be taken that any door to a lobby on a fire exit route is still capable of easy and rapid opening in the direction of exit in the case of emergency evacuation, and that the appropriate fire protection is provided after acoustic treatment. Ensure that doors are not opened unnecessarily during events.
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