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:

            Anshul Khattar – Operations Head and Franchise Partner

            Shuvagata Dey – Lexpert Solicitors LLP, representing the applicant

            Other Persons who have made written representations:

            Kalvin Collymore and Lee Davies on behalf of Vodka Bar and Nightclub     (representation on page 35)

The Licensing Manager introduced the report which set out an application for the grant of a new premises licence under section 17 of the Licensing Act 2003 for Papa John’s, 72-74 St Georges Street, Winchester, SO23 8AH. The premises was described in the application as a Papa John’s Pizza franchise which served takeaway food via collection and delivery only with no seating for customers to consume food on the premises. The premises were currently open to customers between 11:00 hours and 23:00 hours. The application proposed the provision of late night refreshment between 23:00 hours and 03:00 hours. The full application was set out in Appendix 1 to the report.

In conclusion, the Sub-Committee were advised that no representations had been received by Responsible Authorities. Two written representations had been received from ‘Other Persons’ both against the application, one of whom addressed the Sub-Committee at the meeting. The representations were set out in full in Appendix 2 and related to the prevention of crime and disorder and the prevention of public nuisance licensing objectives.

At the invitation of the Chairperson, ShuvagataDey, Lexpert Solicitors LLP, representing the applicant, addressed the Sub-Committee to set out the application and responded to questions.

The Chairperson then invited ‘Other Persons’ who had made relevant written representations to address the Sub-Committee. Kalvin Collymore and Lee Davies, on behalf of Vodka Bar and Nightclub, spoke in relation to their written representation and answered questions thereon. In addition, points raised were answered by the applicant’s representative and the Licensing Manager accordingly.

In response to points raised by the applicant, the Licensing Manager clarified that matters relating to disagreements over the highway were not relevant to the licensing application and should be disregarded by the Sub-Committee.

The Sub-Committee retired to deliberate in private.

            In his closing statement, the Chairperson stated that Sub-Committee           had carefully considered the application, the representations made by        Other  Persons and the Applicant’s evidence given at the meeting. It has taken into account the Council’s Statement of Licensing Policy, the      Public Sector Equality Duty, the Home Office Guidance issued under          section 182 of the Licensing Act 2003, the duties under the Crime and      Disorder Act 1998, and the rights set out in the Human Rights Act          1998.

                        RESOLVED:

                                    The Sub-Committee concluded that the premises licence                   be granted, as set out in the report and in the operating                               schedule dated 27 September 2022, subject to the following                               additional conditions:

                        (i)         Delivery and Counter Service – 23:00 hours to 01:00                                       hours

                        (ii)        Delivery Service ONLY – 01:00 hours to 03:00 hours –                       Only to bona fide residents of bona fide residential and                         commercial delivery addresses. No delivery to be made                   to open air locations  ...  view the full minutes text for item 3.