Agenda and draft minutes

RESOLVED:

          That Councillor Cunningham be confirmed as Chairperson for       the meeting.

To receive any disclosure of interests from Members and Officers in matters to be discussed.

Note: Councillors are reminded of their obligations to declare disclosable pecuniary interests, personal and/or prejudicial interests in accordance with legislation and the Council’s Code of Conduct.

There were no disclosure of interests made at this meeting.

The Chairperson welcomed all those present to the meeting:

Applicant: 

Paul Pyrgoudes

The Licensing Manager introduced the report which set out an application for the variation of a premises licence under section 34 of the Licensing Act 2003 for Yiayia’s Restaurant, 56 St Georges Street, Winchester. The premises was currently licensed under a premises licence for the supply of alcohol for consumption on and off the premises. Monday to Saturday 0800 hours to 2300 hours and Sunday 1000 hours and 2200 hours. This application was seeking to include late night refreshment from 2300 hours to 0300 hours Monday to Sunday. The full application was set out in Appendix 1 of the report. During the consultation period, conditions had been agreed between the applicant and Hampshire Constabulary, as set out in Section 5 of the report.

The Sub-Committee were advised that no representations had been received from any of the other Responsible Authorities. One written representation had been received from ‘Other Persons’ as an interested party. The representation was set out in full in Appendix 2 and related to the prevention of crime and disorder, public safety and public nuisance licensing objectives. The Licensing Manager advised that the representation also referred to alleged nuisance from smoke and odours, which would be dealt with under separate legislation by Environmental Protection.  Environmental Protection had confirmed that they were continuing to monitor the premises when informed of smoke, but had not identified a statutory nuisance on any visit to date.

The Sub-Committee were advised that a statement had been provided by the ‘Other Persons’, Catherine Brandwood, who was unable to attend the Sub-Committee in person. At the request of Catherine Brandwood, the statement was read out in full by the Licensing Manager to the Sub-Committee during the proceedings of the hearing.  

It was noted that the application had been re-advertised at the premises until 28 December 2023 and published in the Hampshire Chronicle on 14 December 2023.

In conclusion, the Licensing Manager advised the Sub-Committee that, if minded to grant the application, there were conditions to consider, as set out in Section 5 of the report, which the Sub-Committee could consider and amend as appropriate to promote the licensing objectives. The Sub-Committee were reminded that they should discuss any additional conditions they may wish to consider during the hearing to enable the applicant the opportunity to respond and explain how this may affect their business operation.

In response to questions of the Sub-Committee, the Licensing Manager clarified that the supply of hot food and drink between 0500 hours and 2300 hours was not licensable, therefore the licensable activity was from 2300 hours to 0300 hours and was for take away food.

At the invitation of the Chairperson, the owner and applicant, Paul Pyrgoudes addressed the Sub-Committee to set out the application and responded to questions. For clarification, the applicant confirmed that the application was for take away food only from 2300 hours to 0300 hours and that there would be no dining on the  ...  view the full minutes text for item 3.