Havant Borough Council Licensing Sub Committee Meeting

Apologies were received from Cllr Gillian Harris. Cllr Paul Gray as reserve member took place as chairman for the meeting.

There were no declarations of interests relating to matters on the agenda.

The Chairman welcomed all to the meeting and explained the hearing procedure. Following the absence of the applicant the committee took a vote as to wether to continue the hearing.

It was RESOLVED to continue the hearing.

The meeting was adjourned at 10:45 and re-commenced at 10:55.

The decision notice explaining the outcome of the hearing is provided below.

LICENSING SUB-COMMITTEE

DECISION OF THE MEETING HELD 2^nd DECEMBER 2024

APPLICATION FOR GRANT OF A PREMISES LICENCE AT

PAPA JOHN’S 2 PARK PARADE HAVANT PO9 5AD

This hearing was held in The Hurstwood Room at Havant Borough Council offices.

The Sub-Committee has considered very carefully the application for the grant of a premises licence for Papa John’s 2 Park Parade Havant PO9 5AD 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 were all considered.

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 Applicant did not attend the hearing, but the Sub-Committee considered the evidence contained within the application and heard from Mr Moss of Environmental Health at the hearing. Mr Moss maintained his objection but did confirm that agreement had been reached with the applicant regarding an additional condition should the application be granted.

The Sub-Committee noted that of the Responsible Authorities only Environmental Health had made a representation. However, the Police had agreed conditions with the applicant and planning had pointed out planning restrictions on the hours of opening which the Sub-Committee did not consider as it did not fall within the Licensing Objectives.

Having considered all the above, the Sub-Committee agreed to grant the licence in accordance with the application so that the licensable activity of Late Night Refreshment would be allowed during the following hours:

Sunday to Thursday 23:00 to 01:00 (following morning)

Friday and Saturday 23:00 to 03:00 (following morning).

The Licence will be subject to the conditions as set out in the application and the following additional conditions as agreed with the Police and Environmental Health.

1.     The premises shall have sufficient cameras located within the premises to cover all public areas including outside of the premises covering the entrance and exit. The system will be able to cope with strobe lighting (where used) and all levels of illumination throughout the premises as well as outside areas. CCTV warning signs to be fitted in public places. 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. The recording system will be able to capture a minimum of 4 frames per second and all recorded footage must be securely retained for a minimum of 31 days. Records must be made on a weekly basis and kept for inspection to show that the system is functioning correctly and that data is being securely retained. The DPS or premises manager must be able to demonstrate that the CCTV system has measures to prevent recordings being tampered with, i.e. password protected. There shall be sufficient members of trained staff at the premises during operating hours to be able to provide viewable copies immediately to police on request when investigating allegations of offences or criminal activity. Any images recovered must be in a format that can be viewed on readily available equipment without the need for specialist software.

2.     In the event of technical failure of the CCTV equipment, the premises licence holder/DPS MUST report the failure to the Hampshire Eastern Police Licensing Unit licensing@hampshire.pnn.police.uk within 24 hours, and arrangements made to repair the fault without delay. A competent trained person in the use of and operation of the CCTV must be in attendance at the premises at all times that licensable activities take place and there must be a person present, nominated by the data controller, who is able to fully operate the CCTV system to be able to download at the times of the visit onto a CD/DVD/USB stick any information lawfully requested by Police or Havant Borough Council authorised officers.

3.     An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature. The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. This record shall be produced to a police officer or an authorised officer of the local authority on reasonable request. This record shall be retained for a period of 12 months.

4.     No children shall be allowed upon the premises after 2100hrs, unless accompanied by an adult

5.     On Sunday to Friday, the premises will close to the public from 2300hrs. On Saturday the premises will close to the public at midnight. Deliveries only will then be permitted until the terminal hour on the licence.

6.     Food shall only be delivered to a recognised residential or business address; this does not include the premises.

Reasons:

The Sub-Committee noted the concerns raised in the objection regarding noise and heard from Mr Moss who expanded on the representation made.  However, on questioning it became clear that there have been no complaints historically and so there was no real evidence that the premises will cause the nuisance.  Additionally, Mr Moss explained that an additional condition had been agreed with the applicant which would alleviate his concerns around noise outside the premises.

The Committee was reminded that the legislation provides for a presumption of grant of an application for a premises licence, unless the application could not promote the licensing objectives with appropriate conditions. No evidence was provided to suggest the objectives could not be upheld with the conditions submitted and agreed with the Police and Environmental Health.

Responsible Authorities and members of the public should be assured that there is a general right to review a premises licence which can be brought by residents or responsible authorities, where there is evidence that the objectives are not being met. The licence, in its entirety, can be considered at that stage where the evidence supports it.

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.