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, 12th February 2025
3:00 PM
Wednesday, 12th February 2025
3:00 PM
End:
Wednesday, 12th February 2025
7:00 PM
Wednesday, 12th February 2025
7:00 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
12 Feb 2025
12 Feb 2025
Location:
Virtual Meetings - Virtual meeting
Virtual Meetings - Virtual meeting
Meeting Attendees
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 Committtee would be Chair for the purposes of this meeting
3
Statement From The Chair
Minutes
4
Minutes Of The Previous Meeting (Including Matters Arising)
To approve and sign as a correct record the Minutes of the meetings held on 20 November 2024 and 28 November 2024 and to deal with any matters arising, attached.
Attachments:
- Document Minutes , 20/11/2024 Licensing (Licensing and Gambling) Sub-Committee 03 Feb 2025
- Document Minutes , 28/11/2024 Licensing (Licensing and Gambling) Sub-Committee 03 Feb 2025
Minutes
The minutes of the meetings held on 20 and 28 November 2024 were approved as an accurate record.
5
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 would move into private session in order to receive legal advice when determining the application. The parties to the hearing, press and 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 decision would be announced.
6
APPLICATION FOR A VARIATION OF A PREMISES LICENCE - AVENUE ROAD LOCAL, 92 AVENUE ROAD, SOUTHAMPTON SO14 6TX
Attachments:
Minutes
All parties will receive formal written confirmation of the decision and reasons.
This hearing was held as a hybrid hearing with some attendees attending virtually using Microsoft Teams and a number attending in person at the Civic centre, Southampton.
The Sub-Committee has considered very carefully the application for grant of a premises licence for Avenue Road Local 92 Avenue Road Southampton SO14 6TX 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.
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 considered evidence from the applicant, and a number of residential objectors.
The Sub-Committee noted that none of the Responsible Authorities had made representations and were therefore deemed to be satisfied that the application would not undermine the licensing objectives.
Having considered all the above, the Sub-Committee agreed to grant the licence in accordance with the application covering the following licensable activities during the following hours:
Provision of late-night refreshment
Monday 23:00 - 01:00
Tuesday 23:00 - 01:00
Wednesday 23:00 - 01:00
Thursday 23:00 - 01:00
Friday 23:00 - 01:00
Saturday 23:00 - 01:00
Sunday 23:00 - 01:00
Supply by retail of alcohol
Monday 06:00 - 01:00
Tuesday 06:00 - 01:00
Wednesday 06:00 - 01:00
Thursday 06:00 - 01:00
Friday 06:00 - 01:00
Saturday 06:00 - 01:00
Sunday 06:00 - 01:00
The grant would be subject to an additional condition that the premises will ensure that there are at least 2 members of staff on duty after the hour of 11-00 p.m. This is to support the licensing objectives of prevention of crime and disorder and public nuisance.
Reasons:
The Sub-Committee has listened to the concerns of the residential objectors and had no doubts about the sincerity of those concerns. However, the Sub-Committee is bound by the legal position and had to take into consideration that the legislation provides for a presumption of grant of an application for a variation of a premises licence, unless there was evidence of issues which could not be met with conditions.
Additionally, the Sub-Committee is bound by the case law as referred to by the Applicant’s representative, that evidence is required, and speculation does not amount to evidence. However compelling a scenario may be, it remains a speculative scenario as to what might happen.
The Sub-Committee is also bound to accept that the Responsible Authorities are deemed to be experts in their fields and there were no representations from the police on crime and disorder and environmental health on public nuisance.
Whilst the Applicant had indicated that there would be two members of staff on duty after 11-00 pm there was an element of confusion and so the Sub-Committee felt it appropriate to make this a condition for the reasons previously outlined above.
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. In the event that the premises does cause the issues raised or indeed any issue impacting on the licensing objectives, 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.
This hearing was held as a hybrid hearing with some attendees attending virtually using Microsoft Teams and a number attending in person at the Civic centre, Southampton.
The Sub-Committee has considered very carefully the application for grant of a premises licence for Avenue Road Local 92 Avenue Road Southampton SO14 6TX 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.
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 considered evidence from the applicant, and a number of residential objectors.
The Sub-Committee noted that none of the Responsible Authorities had made representations and were therefore deemed to be satisfied that the application would not undermine the licensing objectives.
Having considered all the above, the Sub-Committee agreed to grant the licence in accordance with the application covering the following licensable activities during the following hours:
Provision of late-night refreshment
Monday 23:00 - 01:00
Tuesday 23:00 - 01:00
Wednesday 23:00 - 01:00
Thursday 23:00 - 01:00
Friday 23:00 - 01:00
Saturday 23:00 - 01:00
Sunday 23:00 - 01:00
Supply by retail of alcohol
Monday 06:00 - 01:00
Tuesday 06:00 - 01:00
Wednesday 06:00 - 01:00
Thursday 06:00 - 01:00
Friday 06:00 - 01:00
Saturday 06:00 - 01:00
Sunday 06:00 - 01:00
The grant would be subject to an additional condition that the premises will ensure that there are at least 2 members of staff on duty after the hour of 11-00 p.m. This is to support the licensing objectives of prevention of crime and disorder and public nuisance.
Reasons:
The Sub-Committee has listened to the concerns of the residential objectors and had no doubts about the sincerity of those concerns. However, the Sub-Committee is bound by the legal position and had to take into consideration that the legislation provides for a presumption of grant of an application for a variation of a premises licence, unless there was evidence of issues which could not be met with conditions.
Additionally, the Sub-Committee is bound by the case law as referred to by the Applicant’s representative, that evidence is required, and speculation does not amount to evidence. However compelling a scenario may be, it remains a speculative scenario as to what might happen.
The Sub-Committee is also bound to accept that the Responsible Authorities are deemed to be experts in their fields and there were no representations from the police on crime and disorder and environmental health on public nuisance.
Whilst the Applicant had indicated that there would be two members of staff on duty after 11-00 pm there was an element of confusion and so the Sub-Committee felt it appropriate to make this a condition for the reasons previously outlined above.
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. In the event that the premises does cause the issues raised or indeed any issue impacting on the licensing objectives, 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.
Previous Meetings
Future Meetings
Join the Discussion
You need to be signed in to comment.
Sign in