Southampton City Council
Councillors:
51
Wards:
17
Committees:
23
Meetings (2025):
154
Meetings (2024):
93
Meeting
Licensing (Licensing and Gambling) Sub-Committee - Southampton
Meeting Times
Scheduled Time
Start:
Wednesday, 14th August 2024
4:00 PM
Wednesday, 14th August 2024
4:00 PM
End:
Wednesday, 14th August 2024
8:00 PM
Wednesday, 14th August 2024
8:00 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
14 Aug 2024
14 Aug 2024
Location:
Virtual Meetings - Virtual meeting
Virtual Meetings - Virtual meeting
Meeting Attendees
Clerk
Emily Goodwin
Expected
Officer
Andrew Forrest
Expected
Secretary
Joni Goodman
Expected
Agenda
1
Election Of Chair
To appoint a Chair for the purposes of this meeting.
Minutes
RESOLVED that Councillor M Bunday, as Chair of the Licensing Committee, would be Chair for the purposes of this meeting
4
Minutes Of The Previous Meeting (Including Matters Arising)
To approve and sign as a correct record the Minutes of the meeting held on 24 July 2024 and to deal with any matters arising, attached.
Attachments:
- Document Minutes Public Pack, 24/07/2024 Licensing (Licensing and Gambling) Sub-Committee 06 Aug 2024
Minutes
RESOLVED: that the minutes for the Sub- Committee meeting on 24 July 2024 be approved and signed as a correct record.
5
Exclusion Of The Press And Public
Chair to move that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005, the press and the public be excluded from all or part of the hearing where it considers that the public interest in doing so outweighs the public interest in the hearing or that part of the hearing, taking place in public. The information contained in item 7 relates to allegations relating to criminal offences and personal details and the public interest in doing so outweighs the public interest in the hearing in accordance with regulation 14.
Minutes
The Chair moved that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005, the hearing should proceed with the press and public excluded. The information contained therein relates to allegations relating to criminal offences and personal details and the public interest in doing so outweighed the public interest in the hearing in accordance with Regulation 14.
RESOLVEDthat having applied the public interest test the hearing should proceed with the press and public excluded.
RESOLVEDthat having applied the public interest test the hearing should proceed with the press and public excluded.
6
Exclusion Of The Press And Public - Legal Advice
At a predetermined point during the consideration of all items the Sub-Committee may move into private session in order to receive legal advice when determining issues. The parties to the hearing, press and public, unless otherwise excluded by the Licensing Act 2003 (Hearings) Regulations 2005, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.
Minutes
RESOLVED that the Sub-Committee move into private session in order to receive legal advice when determining issues, the parties to the hearing press and the public unless otherwise excluded by the Licensing Act 2003 (Hearings Regulations 2005), would be invited to return immediately following that private session at which time the matter would be determined and decision of the Sub-Committee announced.
7
APPLICATION FOR REVIEW OF PREMISES LICENCE -SP STAR, 107 VICTORIA ROAD, SOUTHAMPTON SO19 9DZ
Application for Review of Premises Licence - SP Star, 107 Victoria Road, Southampton SO19 9DZ
Attachments:
Minutes
This hearing was held as a hybrid meeting using Microsoft Teams and at the Civic Centre, Southampton.
All parties will receive formal written confirmation of the decision and reasons.
The Sub-Committee determined that the hearing should proceed with the press and public excluded. This decision was made in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. The papers contain personal details, and it was determined that the public interest in doing so outweighed the public interest in the hearing in accordance with Regulation 14.
The Sub-Committee has considered very carefully the application by Hampshire & Isle of Wight Constabulary for a review of a premises licence for SP Star, 107 Victoria Road, Southampton, SO19 9DZ as submitted in the report of the Service Director - Place.
It has given due regard to the Licensing Act 2003, statutory guidance and the Licensing Objectives 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 considered the application as submitted and heard representations from PC Paul Dimmer and Mr Wallsgrove on behalf of the premises licence holder.
The Sub-Committee considered the representations, both written and given orally today, by all parties. The Sub-Committee noted that agreement had been reached so that the police were content for the licence to continue with additional agreed conditions.
RESOLVED In light of all the above the Sub-Committee decided that the premises licence should continue with the addition of the following conditions:
Sudhir Bhujanga Patil be removed as the designated premises supervisor. Sudhir Bhujanga Patil is not permitted to enter the premises whilst it is open to the public. Sudhir Bhujanga Patil shall have no involvement in any aspect of the management of the premises. Sudhir Bhujanga Patil will surrender his personal licence.
REASONS
The Sub-Committee was extremely concerned with regard to a serious offence being perpetrated on licensed premises by the premises licence holder. Considering the Statutory Guidance revocation would be the start point in a case such as this.
However, as was pointed out, the proposed conditions and those now put on the licence remove the person responsible for the issues leading to the review from all relevant involvement in the premises.
The Sub-Committee was concerned that implementation of its decision and therefore the additional conditions will be delayed by 21 days but accept that is the way the legislation is phrased. It is anticipated that enforcement officers will monitor the premises during this period.
The Sub-Committee expects that these additional conditions together with all existing conditions will be complied with going forward. To that end it noted that staff have now been trained on accessing the CCTV system and use of the refusals and incident log. Again it is anticipated that enforcement officers will ensure ongoing compliance.
Whilst this was a difficult decision and the Sub-Committee is not entirely comfortable with it, it is a pragmatic solution that deals with the problem and ensures control of the premises remains with the licensing authority.
To sum up, the decision is that the premises licence should continue with the addition of the following conditions:
1. Sudhir Bhujanga Patil be removed as the designated premises supervisor.
2. Sudhir Bhujanga Patil is not permitted to enter the premises whilst it is open to the public.
3. Sudhir Bhujanga Patil shall have no involvement in any aspect of the management of the premises.
4. Sudhir Bhujanga Patil will surrender his personal licence.
There is a right of appeal to the Magistrates' Court for all parties and formal written notification of the decision will set out that right in full.
All parties will receive formal written confirmation of the decision and reasons.
The Sub-Committee determined that the hearing should proceed with the press and public excluded. This decision was made in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. The papers contain personal details, and it was determined that the public interest in doing so outweighed the public interest in the hearing in accordance with Regulation 14.
The Sub-Committee has considered very carefully the application by Hampshire & Isle of Wight Constabulary for a review of a premises licence for SP Star, 107 Victoria Road, Southampton, SO19 9DZ as submitted in the report of the Service Director - Place.
It has given due regard to the Licensing Act 2003, statutory guidance and the Licensing Objectives 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 considered the application as submitted and heard representations from PC Paul Dimmer and Mr Wallsgrove on behalf of the premises licence holder.
The Sub-Committee considered the representations, both written and given orally today, by all parties. The Sub-Committee noted that agreement had been reached so that the police were content for the licence to continue with additional agreed conditions.
RESOLVED In light of all the above the Sub-Committee decided that the premises licence should continue with the addition of the following conditions:
Sudhir Bhujanga Patil be removed as the designated premises supervisor. Sudhir Bhujanga Patil is not permitted to enter the premises whilst it is open to the public. Sudhir Bhujanga Patil shall have no involvement in any aspect of the management of the premises. Sudhir Bhujanga Patil will surrender his personal licence.
REASONS
The Sub-Committee was extremely concerned with regard to a serious offence being perpetrated on licensed premises by the premises licence holder. Considering the Statutory Guidance revocation would be the start point in a case such as this.
However, as was pointed out, the proposed conditions and those now put on the licence remove the person responsible for the issues leading to the review from all relevant involvement in the premises.
The Sub-Committee was concerned that implementation of its decision and therefore the additional conditions will be delayed by 21 days but accept that is the way the legislation is phrased. It is anticipated that enforcement officers will monitor the premises during this period.
The Sub-Committee expects that these additional conditions together with all existing conditions will be complied with going forward. To that end it noted that staff have now been trained on accessing the CCTV system and use of the refusals and incident log. Again it is anticipated that enforcement officers will ensure ongoing compliance.
Whilst this was a difficult decision and the Sub-Committee is not entirely comfortable with it, it is a pragmatic solution that deals with the problem and ensures control of the premises remains with the licensing authority.
To sum up, the decision is that the premises licence should continue with the addition of the following conditions:
1. Sudhir Bhujanga Patil be removed as the designated premises supervisor.
2. Sudhir Bhujanga Patil is not permitted to enter the premises whilst it is open to the public.
3. Sudhir Bhujanga Patil shall have no involvement in any aspect of the management of the premises.
4. Sudhir Bhujanga Patil will surrender his personal licence.
There is a right of appeal to the Magistrates' Court for all parties and formal written notification of the decision will set out that right in full.
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