Havant Borough Council
Councillors:
36
Wards:
17
Committees:
35
Meetings (2025):
89
Meetings (2024):
96
Meeting
Licensing Sub Committee - Havant
Meeting Times
Scheduled Time
Start:
Thursday, 24th April 2025
10:00 AM
Thursday, 24th April 2025
10:00 AM
End:
Thursday, 24th April 2025
12:00 PM
Thursday, 24th April 2025
12:00 PM
Meeting Status
Status:
Moved; Continuation of the meeting of the 9th April 2025
Moved; Continuation of the meeting of the 9th April 2025
Date:
24 Apr 2025
24 Apr 2025
Location:
Hurstwood Room, Public Service Plaza, Civic Centre Road, Havant, Hampshire PO9 2AX
Hurstwood Room, Public Service Plaza, Civic Centre Road, Havant, Hampshire PO9 2AX
Meeting Attendees
Committee Member
Chairman of Governance Committee
Committee Member
Mayor of Havant
Secretary
Democratic & Electoral Services Manager
Jenni Harding
Expected
Secretary
Democratic Services Officer
Emma Carlyle
Expected
Public
Spare Copies
Expected
Agenda
1
Apologies for absence
To receive and record any apologies for absence from members.
Minutes
There were no apologies of absence received from members.
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 relating to matters on the agenda.
3
Variation of Club Premises Certificate HCP0011 for Emsworth Slipper Sailing Club Limited, Quay Mill, South Street, Emsworth, Hampshire PO10 7EQ
Report number HBC/035/2024 attached from the Licensing Officer.
Attachments:
- Document Emsworth Slipper Sailing Club Limited Report V2 14 Apr 2025
- Document APPENDIX A 14 Apr 2025
- Document APPENDIX B 14 Apr 2025
- Document Closing submission for hearing with title 14 Apr 2025
- Document Responseforhearingv2withphotoswithtitle 14 Apr 2025
- Document Supplementary Document 14 Apr 2025
Minutes
LICENSING SUB – COMMITTEE
DECISION OF THE MEETING HELD ON 24 APRIL 2025 AT 10.00am
APPLICATION FOR VARIATION OF A CLUB PREMISES CERTIFICATE
Emsworth Slipper Sailing Club, Quay Mill, South Street, Emsworth, Hampshire, PO10 7EQ
The Sub-Committee considered very carefully the application for a variation of the club premises certificate at Emsworth Slipper Sailing Club, Quay Mill, South Street, Emsworth, Hampshire, PO10 7EQ. 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 Crime and Disorder Act 1998 and the Equality Act 2010 were borne in mind 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 noted that no responsible authority had made representations.
The application was for a variation to change the name of the club on the certificate to Emsworth Slipper Sailing Club Limited and to include additional licensable activities of Plays (Indoors & outdoors), Films (Indoors & outdoors), Indoor sporting events, Live music (Indoors & outdoors), Recorded music (Indoors & outdoors), Performance of dance (Indoors & outdoors), anything of a similar description to live music, recorded music and performance of dance (Indoors & outdoors). All of these activities to be between the hours of Noon and 23:00. It was noted that for these times all activities other than films do not require a certificate as they are deregulated.
The Sub-Committee heard oral evidence and representations on behalf of the applicant from Mrs May. Mrs Pearce and Mr Roberts objecting to the application attended and spoke at the hearing.
Considering all the above, the Sub-Committee has decided to grant the application, subject to the additional conditions set out in the variation application.
Reasons
The Sub-Committee received legal advice that the legislation provides for a presumption of the granting of a variation of a club premises certificate, subject to the determination of the application with a view to promoting the licensing objectives in the overall interests of the local community.
Legal advice was also provided that the Sub-Committee should regard the Responsible Authorities as experts in their respective fields. Any issues regarding noise would be raised by Environmental Health and any issues around traffic by the police. The Sub-Committee was reminded that it had to make its decision based on factual evidence and caselaw prevents any reliance on speculation.
The Sub-Committee noted the concerns of the residents, which included noise, and issues around traffic, but also noted that these were speculative concerns.
At the same time the Sub-Committee was satisfied that there had been no complaints regarding the operation of the club to either Licensing or the Responsible Authorities during the period of the club operating under the original certificate and the application for a variation of the certificate.
Members of the public should be assured that there is a general right to review a club premises certificate which can be brought by residents or responsible authorities, where there is evidence that the objectives are not being met. In the event that the premises causes issues of concern the certificate, in its entirety, can be considered at that stage where the evidence supports it.
The Sub-Committee acknowledged the genuine concerns of the residents but is limited to dealing with the application in accordance with the Licensing Objectives. On this occasion the Sub-Committee was not provided with any evidence that the application will adversely impact any of the Licensing Objectives and had little option under the law other than to grant the application.
There is a right of appeal for all parties to the Magistrates’ Court which must be made within 21 days of notice of this decision.
DECISION OF THE MEETING HELD ON 24 APRIL 2025 AT 10.00am
APPLICATION FOR VARIATION OF A CLUB PREMISES CERTIFICATE
Emsworth Slipper Sailing Club, Quay Mill, South Street, Emsworth, Hampshire, PO10 7EQ
The Sub-Committee considered very carefully the application for a variation of the club premises certificate at Emsworth Slipper Sailing Club, Quay Mill, South Street, Emsworth, Hampshire, PO10 7EQ. 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 Crime and Disorder Act 1998 and the Equality Act 2010 were borne in mind 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 noted that no responsible authority had made representations.
The application was for a variation to change the name of the club on the certificate to Emsworth Slipper Sailing Club Limited and to include additional licensable activities of Plays (Indoors & outdoors), Films (Indoors & outdoors), Indoor sporting events, Live music (Indoors & outdoors), Recorded music (Indoors & outdoors), Performance of dance (Indoors & outdoors), anything of a similar description to live music, recorded music and performance of dance (Indoors & outdoors). All of these activities to be between the hours of Noon and 23:00. It was noted that for these times all activities other than films do not require a certificate as they are deregulated.
The Sub-Committee heard oral evidence and representations on behalf of the applicant from Mrs May. Mrs Pearce and Mr Roberts objecting to the application attended and spoke at the hearing.
Considering all the above, the Sub-Committee has decided to grant the application, subject to the additional conditions set out in the variation application.
Reasons
The Sub-Committee received legal advice that the legislation provides for a presumption of the granting of a variation of a club premises certificate, subject to the determination of the application with a view to promoting the licensing objectives in the overall interests of the local community.
Legal advice was also provided that the Sub-Committee should regard the Responsible Authorities as experts in their respective fields. Any issues regarding noise would be raised by Environmental Health and any issues around traffic by the police. The Sub-Committee was reminded that it had to make its decision based on factual evidence and caselaw prevents any reliance on speculation.
The Sub-Committee noted the concerns of the residents, which included noise, and issues around traffic, but also noted that these were speculative concerns.
At the same time the Sub-Committee was satisfied that there had been no complaints regarding the operation of the club to either Licensing or the Responsible Authorities during the period of the club operating under the original certificate and the application for a variation of the certificate.
Members of the public should be assured that there is a general right to review a club premises certificate which can be brought by residents or responsible authorities, where there is evidence that the objectives are not being met. In the event that the premises causes issues of concern the certificate, in its entirety, can be considered at that stage where the evidence supports it.
The Sub-Committee acknowledged the genuine concerns of the residents but is limited to dealing with the application in accordance with the Licensing Objectives. On this occasion the Sub-Committee was not provided with any evidence that the application will adversely impact any of the Licensing Objectives and had little option under the law other than to grant the application.
There is a right of appeal for all parties to the Magistrates’ Court which must be made within 21 days of notice of this decision.
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