Agenda item

The Chairperson welcomed all those present to the meeting:

 

          Applicant:

Jon Payne - Solicitor for the Applicant, Benamor Ltd

David Jamal Benamor – Applicant, Benamor Ltd

 

Other Persons who have made written representations:

Michael Coker-Davies (representation on page 54) - also speaking on       behalf of Margaret Stokes (representation on page 69)

Kathleen Healey (representation on page 56)

Councillor Rachel Aron (representation on page 61)

David Hambidge (representation on page 62)

Charles Pascall (representation on page 65)

Lesley Gillon (representation on page 67)

Lynn Robertson (representation on page 70)

Adrian Hutton (representation on page 72)

Scott James (representation on page 73)

 

The Licensing Officer introduced the report which set out an application for a new premises licence under section 34 of the Licensing Act 2003 for Vodka Bar and Nightclub, Upper Brook Street, Winchester, SO23 8AL.

 

The application proposed to provide licensable activities as follows:

 

(a)   Plays (indoors only), films (indoors only), indoor sporting events (indoors only), boxing or wrestling entertainment (indoors only), live music (indoors only), recorded music (indoors only), performances of      dance (indoors only), anything of a similar description to live music, recorded music, and performances of dance (indoors only), all from 1000 to 0300 Monday to Saturday, 1000 to 0000 Sunday, 1000 to 1000 New Years Eve to New Years Day;

 

(b)  Late Night Refreshment (for consumption on and off the premises) from 2300 to 0300 Monday to Saturday, 2300 to 0000 Sunday, 2300 to 0500 New Years Eve to New Years Day; and

 

(c)  The Supply of Alcohol (for consumption on and off the premises) from 1000 to 0300 Monday to Saturday, 1000 to 0000 Sunday, 1000 to 1000 New Years Eve to New Years Day.

 

          The applicant proposed to operate the premises as:

         

“Mixed use of the top 2 floors mostly used as a food hall with several independent food traders and bars and a dedicated nightclub/event   space           area in the basement area. This concept is based on an existing premises which is already being successfully operated in Bournemouth in a venue called ‘Helch Market’ by the same company.”

 

The full application was set out in Appendix 1 to the report.

 

The Sub-Committee were advised that no representations had been received by Responsible Authorities. 19 written representations had been received from ‘Other Persons’ against the application, nine of whom were in attendance and addressed the Sub-Committee. The written representations were set out in full in Appendix 2 and related to all four of the licensing objectives; the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

In conclusion, the Licensing Officer 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. Any additional conditions considered by the Sub-Committee are subject to the applicant being given opportunity to respond and explain how this may affect their business operation.

 

The Sub-Committee’s attention was drawn to supplementary information issued following the publication of the agenda pack as listed as follows.

 

(1)           Supplementary Agenda 1 - LR591 Appendix 4 - Additional information submitted by the Applicant

(2)           Supplementary Agenda 2 – LR591 Appendix 5 – Plan omitted from original report pack LR591

 

These contained additional information submitted by the Applicant, Benamor Ltd and this had been published prior to the meeting taking place.  In addition, during questions, it was noted that a plan of the premises had been omitted from the original report pack LR591 and so this was circulated to all those present at the meeting following a short adjournment to facilitate this, as well as then published as supplementary agenda 2. 

 

At the invitation of the Chairperson, Jon Payne, Solicitor representing the applicant, and David Jamal Benamor (Applicant, Benamor Ltd)

addressed the Sub-Committee to set out the application and responded to questions.

 

The Chairperson then invited the nine ‘Other Persons’ who had made relevant written representations to address the Sub-Committee.

 

Michael Coker-Davies, Kathleen Healey, Councillor Rachel Aron, Charles Pascall, Lesley Gillon, Lynn Robertson, Adrian Hutton and Scott James all spoke in relation to their written representations and responded to questions from the Sub Committee thereon. In addition, where appropriate, points raised were answered by the Solicitor representing the applicant, the applicant, the Licensing Officer and the Council’s Litigation & Licensing Solicitor accordingly. 

 

In particular, the Sub-Committee referred to concerns raised by the ‘Other Persons’ relating to dispersal from the premises, the outdoor space, and potential obstruction on the pavement in front of the premises next to the busy road and also the impact of deliveries and waste collection. 

 

The Sub-Committee retired to deliberate in private.

 

In his closing statement, the Chairperson stated that the 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 has concluded that the Premises Licence should be granted with conditions set out in the officer’s Report at section 5 with the following amendments and/or the following additional conditions:

 

1.           Licensing Holder shall instruct door staff team on maintenance of queuing outside the premises so not to cause an obstruction.

 

2.           Licensing Holder shall instruct their suppliers that there should be no deliveries or waste collection to the premises between 11pm and 7am.

 

3.           Licensing Holder shall erect a Temporary screen in the outdoor seated area in accordance with the amended plan (to be approved by the Licensing        authority).  Screen to erected from 10.00pm in order to restrict congregation in the outside area.

 

For the following reasons:

 

1.           Taking account of all the circumstances, the conditions offered and agreed by the applicant and Hampshire Constabulary which were reasonable and proportionate, sufficiently promoting the licencing objectives of prevention of crime and disorder, prevention of public nuisance, the protection of children     from harm and public safety.

 

2.           The Sub-Committee were sympathetic to the objections raised by the 19 residents. 9 of which made written and oral representations that were carefully considered today.  These related in the main to the Prevention of Public Nuisance, Prevention of Crime and disorder and public safety.

 

3.           The Sub-Committee considered the written representations on the grounds of Prevention of Crime and Disorder, Public Safety, prevention of public nuisance and the protection of children. 

 

4.           The Sub-Committee was aware that it must reach a decision based on the evidence before it and could not make assumptions as to any potential impact the requested application might have in relation to the licensing objectives.

 

5.           There was no evidence which could be presented to show that granting the application would undermine the licensing objectives.  However, the Sub-Committee noted that the Licensing Act 2003 provides an alternative mechanism for dealing with issues where a premises breaches the licensing objectives.

 

6.           On the balance of probabilities, the Sub-Committee was satisfied that granting the application, with the additional agreed conditions, would not undermine the licensing objectives of the Prevention of Public Nuisance, Prevention Crime and Disorder, Protection of Harm and Public Safety and the Protection of Children

 

7.           The Sub-Committee has also taken into account the relevant provisions of the Human Rights Act 1998, namely;

 

       Article 6 – the right to a fair hearing

       Article 8 - respect for private and family life

       Article 1 - First Protocol – peaceful enjoyment of possessions

 

8.           The Sub-Committee considered that in all the circumstances, the conditions offered by the applicant were reasonable and proportionate, sufficiently promoting the licensing objectives of the prevention of public Nuisance, the prevention of crime and disorder, public safety and the protection of children from harm and that the objectives would not be undermined by granting the licence.

 

 

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.

 

 

The meeting commenced at 1.00 pm, adjourned between 1.40pm and 1.50pm, between 3.05pm and 3.15pm and between 3.55pm and 4.05pm, and concluded at 5.55pm.