Late-opening public house at Unit F4 Whiteley Shopping Centre, Whiteley Way, Whiteley

What was proposed

The application sought to extend Unit F4’s opening hours to 08:00–00:00 every day, including Sundays and public holidays.

“The proposal is to extend the operational hours for Unit F4 from 07:00 to 23:00 Monday to Saturday and 10:00 to 22:00 on Sundays and Public Holidays to 08:00 to 00:00 on all days, including Sundays and Public Holidays.”

“A Lawful Development Certificate was granted under reference 25/01102/LDP confirming Unit F4 as a Public House (Sui Generis use).”

Officer report

The site and surroundings

Unit F4 is in the leisure complex at Whiteley Shopping Centre, with housing to the north and west and commercial uses and a recreation park nearby.

“Unit F4 is situated within the northern section of Whiteley Shopping Centre, a retail and leisure development located between Portsmouth and Southampton, off Junction 9 of the M27 motorway. The shopping centre, opened in 2013, featuring over 50 stores, restaurants and cafes.”

“To the north and west of the unit there is residential development and to the south and east there is a mixture of commercial development and a recreation park.”

Officer report

Earlier permissions

Earlier permissions established the shopping and leisure complex, varied hours for Units F6 and F7, and confirmed Unit F4 as a public house.

“14/02677/FUL Removal of condition 4 and 19 to permitted permission 13/00157/FUL to extend the trading hours of ground floor units F6 and F7 within the cinema complex Approved 21.04.2015”

“(No ground floor unit or premises shall be open to customers or patrons outside 0700 to 2300 Monday to Saturday and 1000- to 22.00 on Sundays and recognised public holidays except for units F6 and F7 which shall not be open to customers or patrons outside the hours of 07.00 to 23.30 Monday to Saturday and the hours of 10.00 to 23.00 on Sundays and recognised public holidays. No trade of any form shall be conducted outside these hours.”

Officer report

Effects on nearby homes

Officers considered nearby homes sufficiently separated and the management measures adequate to prevent significant noise or disturbance.

“A Premise Management Plan was provided with the application which sets out various mitigation measures to limit neighbour disturbance. These include the following:”

“All dwellings are considered to be sufficiently separated from the residential development to avoid any significant noise disturbance arising from the proposed extension of operating…”

Officer report

Objections and support

Five objections cited noise, antisocial behaviour, litter and unfairly different hours, while two supporters cited good management, safety and economic benefits.

“- Not necessary as other restaurants are not open late - Concerns with crime, anti-social behaviour and litter - Noise and disturbance concerns on surrounding residential properties - Significantly different times to other premises - Economic pressure on nearby establishments to extend their hours of operation to succeed…”

“- Opening hours should not be a problem provided they are enforced and reporting arrangements are in place for any issues - Would offer a sage, well managed environment for those who wish to stay out a little later - Strong reputation for discouraging antisocial behaviour and ensuring customer safety - Large CCTV coverage - Proposed hours are consistent with licensing norms for a mixed-use leisure and retail centres - Most customers indoors - Boost for local economy…”

Officer report

Who spoke

David Leslie and a Whiteley Town Council representative spoke against the application, while the agent spoke in support and answered questions.

Members’ debate

Members questioned the application, and the senior lawyer explained that reported licensing breaches could lead to a licensing review.

“The Committee proceeded to ask questions and debate the application.”

“In response to questions, the Council’s Senior Planning and Litigation Lawyer clarified the planning and licensing regimes, emphasising that the premises licence could be called in for review by a Licensing Sub-Committee should there be any reported breaches to the four licensing objectives.”

Minutes

The committee’s decision

The committee granted permission for the reasons and subject to the conditions in the report and update sheet.

“The committee agreed to grant permission for the reasons and subject to the conditions set out in the Report and the Update Sheet.”

Minutes