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- Attendance Details \n\t\t\t
- Agenda Frontsheet\n\t\t\t
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PDF 25 KB \n\t\t \n\t\t\t \n\n\t\t\t\t - Agenda reports pack\n PDF 358 KB \n\n\t\t\t\t
- Printed minutes\n PDF 17 KB \n\t\t \n\n
Venue: Council Chamber, Civic Offices, Leigh Road, Eastleigh
\n\t\tContact: Karin James, Democratic Services Officer Tel: 023 8068 8113; Email: licensing.panel@eastleigh.gov.uk \n\t\tAmy Randall, Democratic Services Officer Tel: 023 8068 8155; Email: licensing.panel@eastleigh.gov.uk\n\t\t\n\t\t
\n\t\t\n\t\tItems\n\t\t\n\n\t\t\tNo.\n\t\t\tItem\n\t\t\n\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\n\t\t\t\t\t\nFlava
\n\n35 Market Street
\n\nEastleigh
\n\nHampshire
\n\nMinutes:
\n\n\n
The application had been referred to the Licensing\nHearing Panel due to representations made by the Police under the licensing\nobjective \u00e2\u20ac\u02dcPrevention of Crime and Disorder\u00e2\u20ac\u2122.
\n\n\n\n
In light of the\nadditional evidence provided by the parties in relation to this matter the\nCouncil\u00e2\u20ac\u2122s Legal Officer gave the following legal clarification on\u00c2\u00a0 what may be\nconsidered by the Panel:
\n\n\n\n
Section\n182 guidance:
\n\n\u00e2\u20ac\u0153where the chief officer of police\nbelieves the transfer may undermine the crime prevention objective, the police\nmay object to the transfer...\u00e2\u20ac*
\n\n\u00e2\u20ac\u0153..the police have evidence that\nthe business or individuals seeking to hold the licence\nor business or individuals linked to such persons are involved in crime (or\ndisorder)\u00e2\u20ac\u00a6\u00e2\u20ac*
\n\n\n\n
\u00e2\u20ac\u0153The authority\u00e2\u20ac\u2122s consideration would be confined to\nthe issue of the crime prevention objective and the hearing should not be\npermitted to stray into other extraneous matters. The burden would be on the\npolice to demonstrate to the authority that there were good grounds for\nbelieving that the transfer of the licence would\nundermine the crime prevention objective.\u00e2\u20ac*
\n\n\n\n
The Licensing Panel\nis therefore limited to issue of crime and disorder or any evidence from the\nPolice \u00e2\u20ac\u0153that the business or individuals seeking to hold the licence or business or individuals linked to such persons\nare involved in crime or disorder.\u00e2\u20ac*
\n\nRepresentation from the Applicant
\nMinutes:
\nJonathan\nSmith of Poppleston Allen introduced representatives\nof Flava Night Club Limited;\u00c2\u00a0 Graham Simmonds, Joseph Borg and Charles\nGiles.\u00c2\u00a0 Mr Smith then outlined the\napplication to transfer the licence.\u00c2\u00a0\nWhen the application was first submitted it had been proposed that Mr\nGiles would be the Designated Premises Supervisor (DPS) however this was no\nlonger the case.\u00c2\u00a0 Mr Borg, who had many\nyears experience in the licensed/club trade prior to retiring,\u00c2\u00a0 had now obtained a Personal Licence and was\nthe proposed DPS.\u00c2\u00a0 Mr Giles\u00e2\u20ac\u2122 involvement\nwould now be only as an investor and he would not be playing any part in the\nday to day running of the Club after its opening.\u00c2\u00a0
\n\nRepresentations from the Police PDF 263 KB
\nMinutes:
\nMr Peter\nSpinks attended on behalf of Hampshire Constabulary and presented their\nrepresentation, previously submitted in writing.\u00c2\u00a0 The majority of the Police objections to the\napplication were in connection with Mr Giles involvement in the Club.\u00c2\u00a0 Mr Spinks expressed doubts that Mr Giles\u00e2\u20ac\u2122 was\nno longer to be involved in the day to day running, and drew attention to the\nfact that the company was registered to Mr Giles\u00e2\u20ac\u2122 personal address.\u00c2\u00a0 Problems that had been encountered at another\nclub run by Mr Giles in the past were highlighted.
\n\nThe Decision
\nThe Panel withdraw to make their decision
\n\nMinutes:
\nThe Panel withdrew from the meeting to make their\ndecision and invited the Clerk and Legal Adviser to join them.
\n\n\n\n
When the Panel reconvened and prior to the decision,\nthe legal officer outlined legal\nadvice given to Councillors during closed session:
\n\n\n\n
\u00e2\u20ac\u0153When determining\nthe application the members can only reject the application taking the\nfollowing into consideration:
\n\n\n\n
Section 44 (5)\nLicensing Act 2003:-
\n\n(5) Where a\nnotice is given under section 42(6) (and not withdrawn), and subsection (3)\nabove does not apply, the authority must\u00e2\u20ac\u201d
\n\n\u00e2\u20ac\u00a6..
\n\n(b) having\nregard to the notice, reject the application if it considers it necessary for\nthe promotion of the crime prevention objective to do so.
\n\n\n\n
Section 182\nStatutory Guidance at para 8.68:
\n\n\n\n
\u00e2\u20ac\u0153\u00e2\u20ac\u00a6that there [are]\ngood grounds for believing that the transfer of the licence\nwould undermine the crime prevention objective\u00e2\u20ac*\u00e2\u20ac*
\n\n\n\n
The Chair of the\nPanel then read the following decision:
\n\n\n\n
\u00e2\u20ac\u0153The Panel have\nconsidered the Licensing Act 2003, Statutory Guidance, The Eastleigh Borough\nCouncil Statement of Licensing Policy, the report and substantial evidence\ncontained therein as well as all representations both parties made at the\nhearing today, and the decision of the\u00c2\u00a0\nPanel having considered all the evidence is to transfer the\nlicence.\u00c2\u00a0
\n\n\n\n
REASONS:
\n\n\n\n
The Panel have\naccepted representations by the applicants which addresses concerns regarding\nthe link with Mr Giles to Crime and Disorder as raised by the Police.\u00c2\u00a0 The Panel accept that Mr Borg is intended to\nbe the Designated Premises Supervisor and will run the Club on a day to day\nbasis, and that Mr Giles\u00e2\u20ac\u2122 involvement is on an investment basis only once the\nClub has opened, and will have no further part in the day to day running of the\npremises.
\n\n\n\n
Both parties should\nbe made aware that there is a right of appeal against this decision and any\nsuch appeal should be made to the Magistrates\n Court within 21 days of formal notification of\nthis decision.
\n\n\n\n
The full details of\nthe decision together with reasons for granting this transfer will be forwarded\nto all the parties and posted on the Council\u00e2\u20ac\u2122s website as soon as possible.\u00e2\u20ac*
\n\n PDF 25 KB \n\t\t \n\t\t\t PDF 358 KB PDF 17 KB \n\t\t Venue: Council Chamber, Civic Offices, Leigh Road, Eastleigh
\n\t\tContact: Karin James, Democratic Services Officer Tel: 023 8068 8113; Email: licensing.panel@eastleigh.gov.uk \n\t\tAmy Randall, Democratic Services Officer Tel: 023 8068 8155; Email: licensing.panel@eastleigh.gov.uk\n\t\t\n\t\t
\n\t\t| No. | \n\t\t\tItem | \n\t\t
|---|---|
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t\n \n\n \n\n\n \n\nFlava Hampshire Minutes: \n\n\n \n\t\t\t\t\t\n\n\n\n \n\nThe application had been referred to the Licensing\nHearing Panel due to representations made by the Police under the licensing\nobjective \u00e2\u20ac\u02dcPrevention of Crime and Disorder\u00e2\u20ac\u2122. In light of the\nadditional evidence provided by the parties in relation to this matter the\nCouncil\u00e2\u20ac\u2122s Legal Officer gave the following legal clarification on\u00c2\u00a0 what may be\nconsidered by the Panel: Section\n182 guidance: \u00e2\u20ac\u0153where the chief officer of police\nbelieves the transfer may undermine the crime prevention objective, the police\nmay object to the transfer...\u00e2\u20ac* \u00e2\u20ac\u0153..the police have evidence that\nthe business or individuals seeking to hold the licence\nor business or individuals linked to such persons are involved in crime (or\ndisorder)\u00e2\u20ac\u00a6\u00e2\u20ac* \u00e2\u20ac\u0153The authority\u00e2\u20ac\u2122s consideration would be confined to\nthe issue of the crime prevention objective and the hearing should not be\npermitted to stray into other extraneous matters. The burden would be on the\npolice to demonstrate to the authority that there were good grounds for\nbelieving that the transfer of the licence would\nundermine the crime prevention objective.\u00e2\u20ac* The | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Representation from the Applicant \nMinutes: \n\n\n \n\t\t\t\t\t\n\n \n\nJonathan\nSmith of Poppleston Allen introduced representatives\nof Flava Night Club Limited;\u00c2\u00a0 Graham Simmonds, Joseph Borg and Charles\nGiles.\u00c2\u00a0 Mr Smith then outlined the\napplication to transfer the licence.\u00c2\u00a0\nWhen the application was first submitted it had been proposed that Mr\nGiles would be the Designated Premises Supervisor (DPS) however this was no\nlonger the case.\u00c2\u00a0 Mr Borg, who had many\nyears experience in the licensed/club trade prior to retiring,\u00c2\u00a0 had now obtained a Personal Licence and was\nthe proposed DPS.\u00c2\u00a0 Mr Giles\u00e2\u20ac\u2122 involvement\nwould now be only as an investor and he would not be playing any part in the\nday to day running of the Club after its opening.\u00c2\u00a0 | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t Representations from the Police Minutes: \n\n\n \n\t\t\t\t\t\n\n \n\nMr Peter\nSpinks attended on behalf of Hampshire Constabulary and presented their\nrepresentation, previously submitted in writing.\u00c2\u00a0 The majority of the Police objections to the\napplication were in connection with Mr Giles involvement in the Club.\u00c2\u00a0 Mr Spinks expressed doubts that Mr Giles\u00e2\u20ac\u2122 was\nno longer to be involved in the day to day running, and drew attention to the\nfact that the company was registered to Mr Giles\u00e2\u20ac\u2122 personal address.\u00c2\u00a0 Problems that had been encountered at another\nclub run by Mr Giles in the past were highlighted. | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t The Decision \n\n\n \n\n\n \n\nThe Panel withdraw to make their decision \n\nMinutes: \n\n\n \n\t\t\t\t\t\n\n \n\nThe Panel withdrew from the meeting to make their\ndecision and invited the Clerk and Legal Adviser to join them. When the Panel reconvened and prior to the decision,\nthe legal officer outlined legal\nadvice given to Councillors during closed session: \u00e2\u20ac\u0153When determining\nthe application the members can only reject the application taking the\nfollowing into consideration: Section 44 (5)\nLicensing Act 2003:- (5) Where a\nnotice is given under section 42(6) (and not withdrawn), and subsection (3)\nabove does not apply, the authority must\u00e2\u20ac\u201d \u00e2\u20ac\u00a6.. (b) having\nregard to the notice, reject the application if it considers it necessary for\nthe promotion of the crime prevention objective to do so. Section 182\nStatutory Guidance at para 8.68: \u00e2\u20ac\u0153\u00e2\u20ac\u00a6that there [are]\ngood grounds for believing that the transfer of the licence\nwould undermine the crime prevention objective\u00e2\u20ac*\u00e2\u20ac* The Chair of the\nPanel then read the following decision: \u00e2\u20ac\u0153The Panel have\nconsidered the Licensing Act 2003, Statutory Guidance, The Eastleigh Borough\nCouncil Statement of Licensing Policy, the report and substantial evidence\ncontained therein as well as all representations both parties made at the\nhearing today, and the decision of the\u00c2\u00a0\nPanel having considered all the evidence is to transfer the\nlicence.\u00c2\u00a0 REASONS: The Panel have\naccepted representations by the applicants which addresses concerns regarding\nthe link with Mr Giles to Crime and Disorder as raised by the Police.\u00c2\u00a0 The Panel accept that Mr Borg is intended to\nbe the Designated Premises Supervisor and will run the Club on a day to day\nbasis, and that Mr Giles\u00e2\u20ac\u2122 involvement is on an investment basis only once the\nClub has opened, and will have no further part in the day to day running of the\npremises. Both parties should\nbe made aware that there is a right of appeal against this decision and any\nsuch appeal should be made to the The full details of\nthe decision together with reasons for granting this transfer will be forwarded\nto all the parties and posted on the Council\u00e2\u20ac\u2122s website as soon as possible.\u00e2\u20ac* | \n\t\t