Portsmouth City Borough Council
Councillors:
42
Wards:
14
Committees:
37
Meetings (2025):
120
Meetings (2024):
154
Meeting
Licensing Sub-Committee - Portsmouth City
Meeting Times
Scheduled Time
Start:
Wednesday, 16th April 2025
11:00 AM
Wednesday, 16th April 2025
11:00 AM
End:
Wednesday, 16th April 2025
3:00 PM
Wednesday, 16th April 2025
3:00 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
16 Apr 2025
16 Apr 2025
Location:
Council Chamber - The Guildhall, Portsmouth
Council Chamber - The Guildhall, Portsmouth
Meeting Attendees
Committee Member
Councillor Richard Adair
Not required
Committee Member
Cabinet Member for Environmental Services
Committee Member
Committee Member
Councillor Rajah Ghosh
Not required
Committee Member
Cabinet Member for Community Safety, Leisure & Sport
Committee Member
Deputy Lord Mayor
Committee Member
Group Leader
Committee Member
Cabinet Member for Planning Policy & City Development
Committee Member
Agenda
1
Appointment of Chair.
Minutes
Councillor Emily Strudwick was elected as chair for this meeting and welcomed everyone.
2
Declarations of Members' Interests.
Minutes
There were no declarations of members' interests.
3
Licensing Act 2023 - Application for grant of a premises licence - Convenience Store, 11-13 Albert Road, Southsea PO5 2SE.
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 matter has been referred to the committee for determination following receipt of relevant representations from five local residents. Further detail about the representations received is shown at paragraph 4 below.
The committee is asked to determine this application.
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 matter has been referred to the committee for determination following receipt of relevant representations from five local residents. Further detail about the representations received is shown at paragraph 4 below.
The committee is asked to determine this application.
Attachments:
- Document 11-13 Albert Road Committee Report 08 Apr 2025
- Document Appendix A Application 08 Apr 2025
- Document Appendix B - Plan 08 Apr 2025
- Document Appendix C - representation by L Fitzgerald 08 Apr 2025
- Document Appendix C - representation by Merlin Pitt 08 Apr 2025
- Document Appendix C - representation by J Saunders 08 Apr 2025
- Document Appendix C - representation by L Pitt 08 Apr 2025
- Document Appendix C - represntation by J Rogers or Saunders 08 Apr 2025
Minutes
The Principal Licensing Officer introduced the report and in response to questions from members clarified the following points:
· The application is for the shop to be open until midnight Sundays to Thursdays.
· There have been no issues at the other three premises owned by the applicant.
· There have been no representations from responsible authorities and therefore it can be inferred that they are satisfied with the application.
· One of the representations states that there is no record of the application on the licensing portal. However, the application was publicised correctly including on the website. He could not say whether the resident had pressed on the wrong tab when they looked for the application.
There were no questions from the applicant nor Ms Saunders.
Mr Mitchener included the following points in his representation:
· This premises will be run by a highly experienced operator who has three other shops, one of which is open 24 hours.
· The site will be redeveloped at a cost of approximately £750,000.
· The applicant has applied for a late-night refreshment licence to be able to reheat food in a microwave between 23:00 and 23:59. No burgers or kebabs will be sold there
· The application has been made in line with the guidelines and the licensing authority's policy.
· There have been no allegations of disorder on the site obviously as it is currently a hairdressing salon.
· The responsible authorities have not made any representations.
· The applicant contacted the Portsmouth Licensing Team to discuss the application before it was submitted. A 24-hour licence was originally requested but the police licensing officer suggested the premise close at midnight on Sundays to Thursdays and until 23:00 on Fridays and Saturdays. The applicant was happy to agree.
· The applicant also agreed to several tweaks to the conditions made by the Police Licensing Officer.
· Albert Road is a popular commercial retail area and a very long road. The applicant liaised with the police about how this premises could fit in.
· The licensing department addressed the concerns raised about transparency issues.
· This well-run new premises will serve the public interest.
· The school will not be impacted.
· There will be no additional deliveries as the alcohol will be included in the general deliveries.
· No evidence of potential anti-social behaviour has been produced.
· He referred the committee to paragraph 9.2 of the statutory guidance that formed part of the licensing officer's report. The police should usually therefore be the licensing authority's main source of advice on matters relating to the promotion of the crime and disorder licensing objective.
· All staff will undertake individual training in the sale of alcohol, either written or by computer and this will be repeated every six months.
· A refusals log will be maintained.
· The Challenge 25 policy will be enforced.
· The Responsible Authorities have not sought any additional conditions.
· The fear of what might happen outlined in the representations has not been supported by any evidence.
In response to questions from the committee, he clarified the following points:
· The opening hours and conditions were agreed with the police before the application was submitted.
· The shop will close at 23:00 at the weekend as requested by the police due to the issues that occur in the road after 23:00.
· Customers do purchase alcohol early in the morning.
· There will be many measures in place to reduce shoplifting. The CCTV system is one of the most comprehensive that he has seen. It identifies individuals as they enter the shop and if they have previously been caught shoplifting it will flag this up.
There were no questions from the Licensing Officer nor Ms Saunders.
The Principal Licensing Officer stated that he had nothing to add.
In summing up, Mr Mitchener asked the committee to be guided by its policy and officers. He reminded members that no evidence had been produced and no concerns raised by the responsible authorities. He referred to the Thwaites case that established the need for licensing hearing committees to be evidence-based and added that if any issues were to arise, the applicant would deal with them swiftly.
The meeting was adjourned for deliberations at 11:30am
The meeting reconvened at 12:00.
The Chair read out the decision.
The Sub Committee has considered very carefully the application for a premises licence at premises known as Convenience Store. 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 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 application relates to shop premises (previously a hair salon) and is for the provision of retail sale of alcohol (off sales). The applicant is an experienced operator and currently manages three similarly licensed premises in Portsmouth. The applicant had agreed conditions with the police in relation to CCTV, training of staff, a challenge 25 policy, refusal logs, the restriction of sales of beers, ciders or lager of 6.5% or over and the availability of records should there be any incident of crime or disorder at the premises.
The Sub Committee noted that there had been representations from five residents objecting to the grant of the licence due to concerns about crime, disorder and public nuisance including anti-social behaviour and drunkenness in the area.
It was noted that no representations had been received from any of the responsible authorities and that a lack of representation had to be inferred as no objection being held. The statutory guidance and case law being clear that each responsible authority is usually the main source of advice for their respective field.
The Sub Committee was referred to paragraph 10.15 of the statutory guidance which indicates that shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times that the premises are open unless there are good reasons, based on the licensing objectives, to restrict the hours.
After having heard all of the above evidence the Sub Committee determined to grant the proposed application as applied for.
Reasons
Objection from residents focussed upon the number of existing licensed premises, a potential increase in nuisance and disorder including harassment of the public given the proximity of a school and theatre, an increase in issues due to the number of premises in the locality. Drunkenness, criminal damage and theft from stores was raised. The subcommittee heard that following discussions with the police prior to making the licence application, the hours for opening and licensable activities were reduced on Fridays and Saturdays to address police concerns about issues in the area after 23:00 hours on these days. The Sub Committee noted that commercial need for additional premises could not be considered.
The Sub Committee heard that the applicant is an experienced operator and offered conditions relating to a comprehensive CCTV system, training of staff, challenge 25 policy, refusals log, access to records and the prohibition of the sale of higher strength beers and lagers.
The Sub Committee acknowledged the statutory guidance indicates that shops ought to generally be permitted to sell alcohol during hours the premises are open unless there is good reason and that the responsible authorities are experts in their respective fields and accordingly attach weight to the fact that the application is in effect endorsed by way of a lack of representation.
The Sub-Committee balanced the interests of the business, noting the steps outlined to address concerns against concerns of local residents relating to potential issues and determined that it would be appropriate to grant the licence as applied for.
There is a right of appeal for all parties to the Magistrates' Court. Formal notification of the decision will set out that right in full.
· The application is for the shop to be open until midnight Sundays to Thursdays.
· There have been no issues at the other three premises owned by the applicant.
· There have been no representations from responsible authorities and therefore it can be inferred that they are satisfied with the application.
· One of the representations states that there is no record of the application on the licensing portal. However, the application was publicised correctly including on the website. He could not say whether the resident had pressed on the wrong tab when they looked for the application.
There were no questions from the applicant nor Ms Saunders.
Mr Mitchener included the following points in his representation:
· This premises will be run by a highly experienced operator who has three other shops, one of which is open 24 hours.
· The site will be redeveloped at a cost of approximately £750,000.
· The applicant has applied for a late-night refreshment licence to be able to reheat food in a microwave between 23:00 and 23:59. No burgers or kebabs will be sold there
· The application has been made in line with the guidelines and the licensing authority's policy.
· There have been no allegations of disorder on the site obviously as it is currently a hairdressing salon.
· The responsible authorities have not made any representations.
· The applicant contacted the Portsmouth Licensing Team to discuss the application before it was submitted. A 24-hour licence was originally requested but the police licensing officer suggested the premise close at midnight on Sundays to Thursdays and until 23:00 on Fridays and Saturdays. The applicant was happy to agree.
· The applicant also agreed to several tweaks to the conditions made by the Police Licensing Officer.
· Albert Road is a popular commercial retail area and a very long road. The applicant liaised with the police about how this premises could fit in.
· The licensing department addressed the concerns raised about transparency issues.
· This well-run new premises will serve the public interest.
· The school will not be impacted.
· There will be no additional deliveries as the alcohol will be included in the general deliveries.
· No evidence of potential anti-social behaviour has been produced.
· He referred the committee to paragraph 9.2 of the statutory guidance that formed part of the licensing officer's report. The police should usually therefore be the licensing authority's main source of advice on matters relating to the promotion of the crime and disorder licensing objective.
· All staff will undertake individual training in the sale of alcohol, either written or by computer and this will be repeated every six months.
· A refusals log will be maintained.
· The Challenge 25 policy will be enforced.
· The Responsible Authorities have not sought any additional conditions.
· The fear of what might happen outlined in the representations has not been supported by any evidence.
In response to questions from the committee, he clarified the following points:
· The opening hours and conditions were agreed with the police before the application was submitted.
· The shop will close at 23:00 at the weekend as requested by the police due to the issues that occur in the road after 23:00.
· Customers do purchase alcohol early in the morning.
· There will be many measures in place to reduce shoplifting. The CCTV system is one of the most comprehensive that he has seen. It identifies individuals as they enter the shop and if they have previously been caught shoplifting it will flag this up.
There were no questions from the Licensing Officer nor Ms Saunders.
The Principal Licensing Officer stated that he had nothing to add.
In summing up, Mr Mitchener asked the committee to be guided by its policy and officers. He reminded members that no evidence had been produced and no concerns raised by the responsible authorities. He referred to the Thwaites case that established the need for licensing hearing committees to be evidence-based and added that if any issues were to arise, the applicant would deal with them swiftly.
The meeting was adjourned for deliberations at 11:30am
The meeting reconvened at 12:00.
The Chair read out the decision.
The Sub Committee has considered very carefully the application for a premises licence at premises known as Convenience Store. 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 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 application relates to shop premises (previously a hair salon) and is for the provision of retail sale of alcohol (off sales). The applicant is an experienced operator and currently manages three similarly licensed premises in Portsmouth. The applicant had agreed conditions with the police in relation to CCTV, training of staff, a challenge 25 policy, refusal logs, the restriction of sales of beers, ciders or lager of 6.5% or over and the availability of records should there be any incident of crime or disorder at the premises.
The Sub Committee noted that there had been representations from five residents objecting to the grant of the licence due to concerns about crime, disorder and public nuisance including anti-social behaviour and drunkenness in the area.
It was noted that no representations had been received from any of the responsible authorities and that a lack of representation had to be inferred as no objection being held. The statutory guidance and case law being clear that each responsible authority is usually the main source of advice for their respective field.
The Sub Committee was referred to paragraph 10.15 of the statutory guidance which indicates that shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times that the premises are open unless there are good reasons, based on the licensing objectives, to restrict the hours.
After having heard all of the above evidence the Sub Committee determined to grant the proposed application as applied for.
Reasons
Objection from residents focussed upon the number of existing licensed premises, a potential increase in nuisance and disorder including harassment of the public given the proximity of a school and theatre, an increase in issues due to the number of premises in the locality. Drunkenness, criminal damage and theft from stores was raised. The subcommittee heard that following discussions with the police prior to making the licence application, the hours for opening and licensable activities were reduced on Fridays and Saturdays to address police concerns about issues in the area after 23:00 hours on these days. The Sub Committee noted that commercial need for additional premises could not be considered.
The Sub Committee heard that the applicant is an experienced operator and offered conditions relating to a comprehensive CCTV system, training of staff, challenge 25 policy, refusals log, access to records and the prohibition of the sale of higher strength beers and lagers.
The Sub Committee acknowledged the statutory guidance indicates that shops ought to generally be permitted to sell alcohol during hours the premises are open unless there is good reason and that the responsible authorities are experts in their respective fields and accordingly attach weight to the fact that the application is in effect endorsed by way of a lack of representation.
The Sub-Committee balanced the interests of the business, noting the steps outlined to address concerns against concerns of local residents relating to potential issues and determined that it would be appropriate to grant the licence as applied for.
There is a right of appeal for all parties to the Magistrates' Court. Formal notification of the decision will set out that right in full.
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