Agenda and minutes

Beach Hut Cafe, Licensing Panel
Tuesday, 5 September 2017 10:00 am

Venue: 11/12/13 Eastleigh House, Upper Market Street, Eastleigh

Contact: Matt Dobrowolski, Case Management Officer Tel: 023 8068 8080; Email:  DemocraticServices@eastleigh.gov.uk  Amy Stephens, Case Management Officer Tel: 023 8068 8273; Email:  DemocraticServices@eastleigh.gov.uk

Items
No. Item

14.

The Application pdf icon PDF 4 MB

Minutes:

The Clerk outlined the application for a grant of a premises licence for the Beach Hut Café, The Foreshore, Green Lane, Hamble-Le-Rice, Southampton, SO31 4JB

15.

Representations from the Applicant

Minutes:

The applicants made a presentation of the application. They stated that the business would only supply alcohol with food served at tables and within defined areas. Limited amount of alcohol would be available. The hours the lease allows the business to operate would be unchanged however the café would continue to close for business at or before 6.00pm as it is not viable to open for later hours.  The applicant confirmed that the staff at the premises were experienced in the licensed trade and training of staff would ensure the conditions placed on the licence were adhered to. Applicants confirmed that they did not want to change their current client base as it would have a negative impact on the business.

16.

Representations from Residents

Minutes:

Three residents were present at the hearing. They brought several points to the Panel’s attention:

·         possibility of increased littering in the area

·         the danger arising from allowing alcohol sale in close proximity to the shore

·         poor lighting in winter months which could lead to an accident

·         large number of licensed premises, already in the area

·         lack of need for the café to supplement main meals with alcoholic beverages

·         the sale of alcohol would lead to the change in the client base of the cafe

 

The Licensing Panel accepted legal advice, provided during the course of the hearing, that it must focus its attention upon the four licensing objectives and therefore could not consider planning issues, the need / commercial demand for the premises or provisions of any lease or other private matter

17.

The Decision

The Panel withdraw to make their decision 

Minutes:

The Panel withdrew from the meeting to make their decision and invited the Clerk and Legal Adviser to join them.

 

The following decision was read out to the hearing when the Panel reconvened:

 

Tuesday 5th September 2017

 

Beach Hut Cafe – Licensing Panel Decision

 

All parties will receive formal written confirmation of the decision and reasons.

 

The panel has considered very carefully all the evidence submitted both in the formal written representations and given orally today.  It has given due weight to all representations made. 

 

It has considered the Licensing Act 2003, the Licensing objectives, the statutory guidance and the adopted statement of licensing policy. Human rights legislation has been borne in mind whilst making this decision.

 

It is noted that there are no representations from the responsible authorities save for one from the police which led to an agreement on conditions included within the report.

 

In consideration of all of the above the Panel has determined to grant the application subject to the additional conditions / amendment of the application agreed by the applicant with the police and subject to the following conditions:

 

·                   That the consumption of alcohol shall not be permitted in any area other than within the area identified within the plan attached to the application (i.e. consumption shall only be permitted at tables inside the premises and upon the decked area).

·                   That the premises licence holder shall ensure that the area surrounding the premises is cleared of litter at the close of business on any day the premises is open.

 

In addition, the Sub-Committee has determined that for clarity the condition agreed with the police regarding signage be amended to read:

 

“Signage will be displayed in prominent positions, including outside areas, reminding customers that alcohol cannot be removed or consumed away from the premises or outside the decking area”.

 

Reasons

 

The panel heard (amongst others) the following points from the residents (both orally and within written representations):

 

·                   That the service of alcohol would necessarily lead to a change in the nature of the premises and its patrons.

·                   That the location of the premises is fundamentally different to those other licensed premises in the locality – with unfettered access to the water’s edge.

·                   That the water, being tidal and flowing, is naturally more dangerous.

·                   That lighting is poor in the area and is dark during winter months.

·                   There are already other premises providing alcohol nearby.

·                   Mixing alcohol consumption with water based activity is inherently risky.

·                   That historic issues of disorder / anti social behaviour may return if a licence is granted.

·                   That litter will necessarily increase if the application is granted.

 

The Sub-Committee accepted legal advice provided during the course of the hearing that it must focus its attention upon the four licensing objectives and therefore could not consider planning issues, the need / commercial demand for the premises or provisions of any lease or other private matter.

 

Further the Sub-Committee accepted advice that it could only consider the application before it and not what might develop in future (e.g. that granting the licence might lead to further development of the business or future application).

 

The Sub-Committee was also reassured by the agreement reached with police and the detailed conditions imposed as a result, addressing Training,  Challenge 25 Policy, Refusals Book, Incident Book, the service of alcohol only with food, Signage and CCTV at the premises.

 

In light of the general nature of the proposed activity and the low level of risk to the licensing objectives the Sub-Committee was satisfied that it would not be appropriate or proportionate to further restrict or refuse the application at this  ...  view the full minutes text for item 17.