Agenda item

The Chairperson welcomed all those present to the meeting:

Applicant:

·       Nigel Connor (Legal Director – JD Wetherspoons)

·       Tim Hine (General Manager – JD Wetherspoons)

·       Tony Duncan (Area Manager – JD Wetherspoons)

Other Person(s) who have made written representations:

·       Councillor Pinniger (speaking on behalf of Councillor S Achwal, representation on Page 40 of the agenda pack)

The Licensing Manager introduced the report (LR601).  The application was set out in Appendix 1 of the report, and this had been amended following discussion and in agreement with Hampshire and Isle of Wight Constabulary.  This was set out at paragraph 1.2 on page 6 of the agenda pack, as follows:

• Supply of Alcohol (for consumption on and off the premises) from 0800 to 2330 Monday to Sunday

• Late night refreshment (indoors and outdoors) from 2300 to 2330 (Monday to Sunday)

Six written representations had been received from ‘Other Persons’ in relation to the prevention of crime and disorder, public safety and prevention of public nuisance objectives. Following amendment of the application as detailed above, each were notified, but none had withdrawn their representations.  These are as set out at Appendix 2 to the report.  

The Sub Committee proceeded to asked questions of the Licensing Manager. It was confirmed that the other licensed premises in the shopping area could generally all supply alcohol until 2300 hours and that the shopping area had arrangements in place regarding 24-hour security.  In addition, it was confirmed that the applicant was no longer applying for non-standard hours (i.e. 0200 hours on New Years Eve).

The applicant and their representative then addressed the Sub Committee, who then also asked questions of them.  It was reported that they would consider additional measures to ensure that the outside terrace area could not be utilised as an area to congregate after 2300.  The applicant stated that a ‘hotline’ could be in place for residents to raise any concerns related to the operation of the premises and that a meeting with local residents would be arranged in advance of the premises opening.   

The Licensing Manager also drew the Sub Committee’s attention to a plan of the licensed premises which, with permission of all parties present, was circulated to the meeting.  This was also published as a supplementary agenda item subsequent to the meeting.

The Licensing Manager also highlighted information that was requested by the Sub Committee regarding crime statistics for the area, which was publicly available on the internet.  It was noted that the statistics included were for adjacent residential areas and therefore these could not be categorised specifically for the area where the proposed licensed premises were to be located.

The Chairperson then invited those having submitted relevant representations to address the Sub Committee.  Only Councillor Pinniger (on behalf of Cllr S Achwal) was present, who then addressed the meeting.

The applicant and their representative then responded to the matters raised and the Sub Committee then asked further points of clarification.

The Sub-Committee retired to deliberate in private.

Upon its reconvening, the Senior Litigation and Licensing Solicitor stated that that discussions in camara had included the imposition of additional conditions if the licence were granted and the nature of such, in order to address the issues raised during the hearing and by the representations.

In the closing statement, the Senior Litigation and Licensing Solicitor stated in reaching its decision the Licensing Sub-Committee has carefully considered the application, the representations made by the local residents, the local councillor and the Applicant’s evidence. It has taken into account the Council’s Statement of Licensing Policy, the Home Office Guidance issued under section 182 of the Licensing Act 2003, the duties under the Crime and Disorder Act 1998, the Public Sector Equality Duty, and the rights set out in the Human Rights Act 1998.

The Sub-Committee considered the Guidance and the licensing objective relating to prevention of public nuisance.

The Sub-Committee had regard to all these matters and sought to achieve an appropriate balance between the application and the likely impact on those living in the area.

RESOLVED:

The Sub-Committee has concluded that the Premises Licence should be granted with additional conditions, being those set out in the officer’s report at pages 16 to 17 and those as offered by the applicant and as agreed with the police in their revised operating schedule/ application, in order to promote the licensing objectives it had identified as engaged.

At commencement of trading, the Licence Holder shall provide a dedicated telephone number or email address to local residents, to enable staff to respond to any complaints alleging public nuisance. Any complaints shall be logged in the incident reporting system operated by the licence holder with the time and date, nature of the incident and the action taken. The incident record should be made available to responsible authorities at all times.

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.