Agenda and draft minutes

Licensing Sub-Committee
Monday, 21st January, 2019 10.00 am

Venue: Council Chamber, Penns Place, Petersfield, GU31 4EX. View directions

Contact: James Harris  Deputy Democratic Services Team Leader - 01730 234098

Items
No. Item

12.

Election of Chairman

Minutes:

RESOLVED that Councillor D Phillips be elected Chairman for the Hearing.

13.

Apologies for Absence

To receive and record any apologies for absence.

Minutes:

There were no apologies for absence.

14.

Chairman's Announcements

Minutes:

There were no Chairman’s announcements.

15.

Declarations of Interest

To receive and record any declarations of interest from members present in respect of the application being considered.

Minutes:

There were no declarations of interest.

16.

Licensing Act 2003 - Application for a Review of a Premises Licence - Kassia, 40B/C Drift Road, Clanfield, Waterlooville, Hampshire, PO8 0JL pdf icon PDF 103 KB

Report of the Senior Licensing Officer, enclosed.

Additional documents:

Minutes:

The Licensing Officer explained that the Hearing had been called following an application made by Environmental Protection to review the Premises Licence for Kassia in Clanfield under the grounds of the licensing objective ‘Prevention of Public Nuisance’. Environmental Protection had stated that they had been investigating excessive noise from music at the premises since April 2018.

During the consultation period, positive representations had been received from interested parties.  She had also been made aware that Mr Islam, who was responsible for the day to day running of the premises had recently started a petition via the ‘change.org’ website titled ‘Save Kassia Clanfields Live Music’.  To date this petition had attracted 733 signatures.

The committee was advised that it was obliged to promote the following four licensing objectives in determining this application:

·      The Prevention of Crime and Disorder;

·      Public Safety;

·      The Prevention of Public Nuisance; and

·      The Protection of Children from Harm.

She advised the sub-committee that it must take one of the following steps, if any, as it considered necessary for the promotion of the licensing objectives:

1. Modify the conditions of the licence;

2. Exclude a licensable activity from the scope of the licence;

3. Remove the Designated Premises Supervisor;

4. Suspend the licence for a period not exceeding three months; or

5. Revoke the licence.

Following the introduction of the Deregulation Act 2015, live and recorded music was no longer licensable at premises licenced for sale of alcohol on sales between 08:00 and 23:00 provided that the audience did not exceed 500 people. This meant that that any conditions imposed on the Premises Licence relating to the provision of live or recorded music were suspended during these hours.

 

However, on review of a Premises Licence, the Licensing Act 2003 permitted a licensing authority to lift the suspension of conditions on a Premises Licence which related to music and gave renewed effect to an existing condition which related to music and may add a condition relating to music as if it were regulated entertainment.  In both instances, upon hearing the evidence before it, should the sub-committee be minded to add a condition to the Premises Licence relating to music, it should include a statement that Section 177A of the Licensing Act 2003 did not apply.

 

In attendance at the Hearing was Mr Fasu Miah, the licence holder and Designated Premises Supervisor, Mr Nazrul Islam, who was in day to day running of the premises and Linda Robbins from Environmental Protection who had applied for the review.

 

The Environmental Protection Officer presented her case and detailed the history of the premises since 2009 with respect to the Premises Licence granted, the variation granted in 2012 and the involvement by the Licensing Authority and Environmental Protection with regard to noise complaints.

 

She outlined each of the noise complaints, which had principally been from residents living directly above the premises.  Live music events on a Sunday had been launched at the premises following the Deregulation Act 2015 and complaints had also been  ...  view the full minutes text for item 16.