Agenda item

The Chairperson welcomed all those present to the meeting:

Applicant:

·       Martin Anderson (Chairman and Applicant for Sporting Wessex Sports Club) – accompanied by this wife, Claire Anderson

The Licensing Officer introduced the report (LR605).  The application related to the grant of a new club premises certificate under section 71 of the Licensing Act 2003 by Sporting Wessex Sports Club for Bill Harris Pavilion, Oakwood Park Recreation Ground, Otterbourne. A club premises certificate was a requirement of any qualifying club that undertakes qualifying club activities, as defined by part 4 of the Licensing Act 2003. Licensable activities could not be provided to the general public under this authorisation. The application was set out in full in Appendix 1 of the report, seeking to provide the following licensable activities:

• Supply of Alcohol (for consumption on the premises only from 1800 hours to 2200 hours (Monday to Thursday), 1800 hours to 2300 hours (Friday), and 1300 hours to 2300 hours (Saturday).

No representations had been received from any Responsible Authority. Four written representations had been received from ‘Other Persons’ in relation to the prevention of crime and disorder, public safety and prevention of public nuisance licensing objectives. These were as set out at Appendix 2 to the report. Only parts of the representations were considered relevant under the Licensing Act 2003, as highlighted in italics.

None of those ‘Other Persons’ who had made relevant written representations were in attendance at the hearing. However, in the interests of transparency, the Senior Litigation and Licensing Solicitor read out the relevant parts of each representation at the meeting.

The Sub Committee were reminded that there were conditions set out in Section 5 of the report which were offered as part of the operating schedule for consideration. If minded to grant approval, the Sub-Committee may also wish to consider imposing additional conditions that were appropriate, justifiable and proportionate to the premises and to promoting the licensing objectives. The applicant should be given the opportunity to respond and explain how these may affect their business operation. 

The applicant then addressed the Sub Committee and responded to members questions thereon. Mr Anderson clarified that the later hours applied for on the licence were for club meetings and events e.g. awards nights, AGM and trophy celebrations, when he would be present. He set out the background of the application, his history as a personal licence holder for other licensed premises and outlined a number of measures that were in place to manage behaviours, respect the peace and tranquillity of the local area and monitor the conduct of football teams, groups and other users of the premises. 

During his representation, the applicant made reference to the regulation protocol for behaviour and facility use which he stated were displayed at the club, on its notice boards and were also issued to all users of the premises. This information had not been submitted during the application process. The Sub Committee agreed that, with permission of all parties present, that this information be circulated at the meeting and published as a supplementary agenda item subsequent to the meeting, linked here.

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 amended conditions if the licence were granted and the nature of such, in order to address the issues raised during the hearing and those contained in the written representations where those persons had not been present to amplify or clarify their comments and weight afforded to representations could be considered accordingly.

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 written representations made by four local residents, 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 promotion of the four licensing objectives.

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 club premises certificate should be granted (set out in the full written decision provided), with the amended conditions set out in the club operating schedule accompanying the application, outlined in sections 71-72 of the Licensing Act 2003, and subject to the following amendments highlighted in (1) and (2) below:

(1)      Public Nuisance:

                     PN1.   Whilst licensable activities are provided, windows and doors                      should be closed at 2100 hours.

(2)      Protection of Children:

                     PC1.   The club shall maintain and enforce a strict policy that                            members shall be over 18 years old.

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