Hearing: APPLICATION TO VARY A PREMISES LICENCE · Sholing Southampton So19 2NZ Resident : Minister...

Reference: 2009/01257/01SPRV Hearing: 13th August 2009

APPLICATION TO VARY A PREMISES LICENCE

Premises Name: Swan Application Date: 29th June 2009 Premises Address: 219 Portsmouth Road

Southampton SO19 9BG

Application Received Date:

1st July 2009

Application Valid Date:

1st July 2009

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Southampton City Council Licence No. 100019679 2007.

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Representations From Responsible Authorities

Responsible Authority Satisfactory? Comments

Child Protection Services - Licensing

Yes

Hampshire Fire & Rescue Service - Licensing

Yes

Environmental Health Service - Licensing

No

Planning & Sustainability - Building Control - Licensing

Yes

Planning & Sustainability - Development Control - Licensing

Yes

Hampshire Constabulary - Licensing

No

Trading Standards - Licensing

Yes

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Other Representations

Name Address Contributor Type

Mr. And Mrs F. Viana 150 Portsmouth Road

Southampton SO19 9AQ

Resident

Mrs. King 203 Portsmouth Road


Resident

The Resident 195 Portsmouth Road


Resident



Resident



Resident



Resident

L.R. Banda 207 Portsmouth Road


Resident

G. Griffiths 199 Portsmouth Road


Resident

Alex McNamara And Sheelagh McCarthy

211 Portsmouth Road Woolston


Resident



Resident

L. Young 213 Portsmouth Road


Resident

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05HRPV

Mr. W G C Howlett

283 Spring Road Sholing

Southampton So19 2NZ

Resident

Minister Matthew Smith (Petition)

215 Portsmouth Road Woolston

Southampton Hampshire SO19 9BG

Resident

Mr. H. Edmondson 201 Portsmouth Road


Resident

Legal Implications

1. The Licensing Act 2003 specifically restricts the grounds on which the Council, as Licensing Authority (LA), may refuse an application for a major variation of a Premises Licence, or impose conditions. Where relevant representations are made, the LA may refuse on the grounds that the licensing objectives are not met or the operating schedule is inadequate. Equally, conditions may be imposed where relevant and necessary. The LA may also refuse an application in part and thereby only permit some of the licensable activities sought.

2. The decision making committee, in considering an application, must have regard to

the adopted Statement of Licensing Policy and any relevant representations made by those directly affected.

3. An applicant for a variation, whose application has been refused, or who is aggrieved

by conditions imposed, may appeal against the decision to the Magistrates' Court. 4. In considering this application the committee will sit in a quasi-judicial capacity and is

thus obliged to consider applications in accordance with both the Licensing Act 2003 (Hearings) Regulations 2005, and amending secondary legislation and the rules of natural justice. The practical effect of this is that the committee must makes its decision based on evidence submitted in accordance with the legislation and give adequate reasons for reaching it’s decision.

The committee must also have regard to:-

5. Crime and Disorder Act 1998

Section 17 of the Crime and Disorder Act 1998 places the Council under a duty to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

6. Human Rights Act 1998 The Act requires UK legislation to be interpreted in a manner consistent with the European Convention on Human Rights. It is unlawful for the Council to act in a way that is incompatible (or fail to act in a way that is compatible) with the rights protected by the Act. Any action undertaken by the Council that could have an effect upon another persons Human Rights must be taken having regard to the principle of Proportionality - the need to balance the rights of the individual with the rights of the community as a whole. Any action taken by the Council which affect another's rights must be no more onerous than is necessary in a democratic society. The matter set out in this report must be considered in light of the above obligations.

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From: Tait, Susan [[email protected]]Sent: 29 July 2009 15:38To: LicensingCc: '[email protected]'Subject: FW: Variation Premises Licence.The Swan. Portsmouth Road Sir, The Police will object to this application under the Crime & Disorder objective. Although the hours applied for are not excessive, the premises are situated in a residential area and willattract intoxicated persons from other venues within a wide area causing problems at the point of entry. Sue Tait Pc 21228Southampton Police Licensing.Tel. no. 02380 674374 ______________________________________________From: Tait, Susan Sent: 15 July 2009 15:06To: 'Licensing'Cc: '[email protected]'Subject: FW: Variation Premises Licence.The Swan. Portsmouth Road

Sir, The Police will object to the above application under the Crime & Disorder objective. However, having spoken with the applicant Mrs. Jones she has agreed to reduce the terminal hour for thesupply of alcohol to 0030 hours on Friday & Saturday. There will follow a 30 minutes 'wind down' period. Allother Licensable activities will reflect this new terminal hour. Regarding the 'Non-standard timings' Mrs. Jones has agreed to reduce the terminal hour from 0200 hours to0100 hours where stated. I can confirm that Mrs Jones has formally agreed to the revised conditions so the Police are of the opinionthat a Hearing is no longer necessary. Sue TaitPc 21228 LicensingSouthampton PoliceTel. no. 02380 674374

*********************************************************************************This electronic message contains information from Hampshire Constabulary which may be legally privileged and confidential. Anyopinions expressed may be those of the individual and not necessarily the Hampshire Constabulary.

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From: Rains, TimSent: 29 July 2009 16:09To: Clowes, HayleySubject: Representation - Environmental Health, Application to vary premises licence 2007/02220/01SPRD, Swan 219Portsmouth Road Southampton, SO19 0BGDear Hayley, Further to our being consulted in relation to the application to vary the premises licence for the Swan Public House 219 PortsmouthRoad, Woolston, Southampton. It would seem that the applicant has not confirmed in writing, as was discussed and verbally agreed, to limit the hours for both liveand recorded music as per my email of 10th July 2009. Given past problems with noise nuisance from the pub, environmental health are concerned that by extending the hours for liveand recorded music, problems with public nuisance may occur. There are no proposals by the applicants in section D – Preventionof Public Nuisance in support of the application, nor has the premises undergone additional soundproofing works to prevent noisebreakout from the premises. In relation to the use of the beer garden at the later opening hours, Environmental Health are concerned that noise from personstalking in the garden could cause nuisance given the close proximity of residential properties and, therefore, we want to limit thehours of use of the beer garden. We would also want to ensure that noise from regulated entertainments is contained within thebuilding. Therefore, in the interests of the prevention of public nuisance, I confirm that Environmental Health have concerns about thevariation, and therefore, submit this representation. Regards Tim RainsEnvironmental Health OfficerFood Safety ServiceEnvironmental Health and Consumer Protection DivisionSouthampton City CouncilTel: 023 8091 7541 This email is confidential but may have to be disclosed under the Freedom of Information Act 2000, the Data Protection Act 1998 or the EnvironmentalInformation Regulations 2004. If you are not the person or organisation it was meant for, apologies, please ignore it, delete it and notify us. SCC does notmake legally binding agreements or accept formal notices/proceedings by email. E-mails may be monitored.

Think of the environment...please don't print this e-mail unless you really need to.

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Hearing: APPLICATION TO VARY A PREMISES LICENCE · Sholing Southampton So19 2NZ Resident : Minister...

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Transcript of Hearing: APPLICATION TO VARY A PREMISES LICENCE · Sholing Southampton So19 2NZ Resident : Minister...