Agenda item

            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 in the immediate vicinity of the                             licensed premises.

                        (iii)       The premises licence holder shall ensure that customers                    are not sought by means of solicitation outside or in the                        vicinity of the premises.

                        REASONS

                        In response to the representations received from Other Persons:

            In respect of comments raised by Mr Collins regarding odour            from pizza and noise of vehicles, the Sub-Committee noted that           no complaints had been received from Winchester City Council’s Environmental Health Team in two years. In relation to noise,             the Sub-Committee specifically noted that the measures                     proposed by the applicant in the operating schedule appeared to           sufficiently manage the risk. However, the Sub-Committee             clarified that if the issue was ongoing, Mr Collins may report the             matter to the Council and apply for a review the licence.

                        In respect of comments made by Vodka Bar and Nightclub                            raising concern that the applicant’s premises would attract more                    persons, stretching their own security resource. The Sub-                                   Committee believed that the proposed conditions limiting                                   counter and delivery opening times would reduce the risk of                          members of the public becoming a nuisance within the area.                         The Sub-Committee considered that the proposed timing also               staggered the closing times between the establishments                          reducing the need for the security resources of Vodka                                     Bar and Nightclub to be used in the management of nuisance                       within the area of the applicant’s premises.

                        The Sub-Committee noted that no representations had been                                     received from any Responsible Authority.

The Chairperson advised that all parties would be formally notified of the decision in writing in due course and of their right to appeal to the Magistrates’ Court within 21 days from the date of notification of the decision.