The Licensing Panel met to discuss an application from Hall and Woodhouse Limited for a new premises licence for The Osborn View Hotel, and ultimately decided to grant the licence with some amendments to the conditions. The panel heard objections from local residents, but ultimately determined that the application should be granted because no responsible authority had raised any concerns. The panel made some recommendations to the applicant to ensure good relationships with local residents.

The Osborn View Hotel Licensing Application

The panel considered an application for a new premises licence for The Osborn View Hotel, 67 Hill Head Road, Fareham PO14 3JR. The hotel had previously been destroyed in a fire in February 2024, and the previous licence had been surrendered.

Hall and Woodhouse Limited applied for a new licence to authorise the following licensable activities:

• Films Indoors 07:00-00:00 every day
• Live Music Indoors & outdoors 07:00-00:00 every day (Condition restricting music outdoors to 23:00)
• Recorded Music Indoors & outdoors 07:00-00:00 every day (Condition restricting music outdoors to 23:00)
• Late Night Refreshment Indoors 23:00-00:30 Sunday to Thursday & 23:00 – 01:00 Friday & Saturday
• Supply of alcohol Indoors & outdoors 07:00-00:00 Sunday to Thursday & 07:00 – 01:00 Friday & Saturday

The Licensing Officer's report noted that the council had received 17 representations, 15 objections and 2 in support, from members of the public. No responsible authorities¹ had made a representation to this application.

The panel resolved to grant the premises licence, subject to amendments.

The licence was granted for:

• Opening hours of the premises: Monday to Thursday 07:00 to 23:30, Friday & Saturday 07:00 to 00:30 the following day, Sunday 07:00 to 23:00
• Sale of Alcohol: Monday to Thursday 07:00 to 23:00, Friday & Saturday 07:00 to 00:00, Sunday 07:00 to 22:30
• Films, Live Music, Recorded Music: Monday to Thursday 08:00 to 23:00, Friday & Saturday 08:00 to 23:00, Sunday 08:00 to 22:30
• Late Night Refreshment: Monday to Thursday No hours sought, Friday & Saturday 23:00 to 00:30 the following day, Sunday No hours sought
• Exception: New Year's Eve, opening hours to be 07:00 to 02:30 the following morning, sale of alcohol 07:00 to 02:00 the following morning, Live and Recorded music 08:00 to 02:00 the following morning, Late Night Refreshment 23:00 to 02:30 the following morning.
• Additional Conditions: Outer areas to be cleared of guests by 22:30 (22:00 on Sundays), Outer lobby doors will be closed by 22:00, Waste and bottles will not be disposed of between 22:00 and 08:00 the following day, Any amplified sound after 23:00 played through a limiter, No films or live music to be played in the outside areas.

The panel noted that there had been no representations from any of the responsible authorities, and that legal advice stated that the responsible authorities should be regarded as experts in their respective fields. The panel also received advice that the application should be granted unless the objections could not be met by conditions on the licence, and that speculation as to what might happen could not be considered.

The panel noted concerns raised regarding the potential for crime and disorder arising from the premises and public nuisance by way of noise, and that the panel had heard historic complaints regarding the old licence. However, the police and Environmental Health, the deemed experts, had made no representation and the Panel inferred that the responsible authorities were satisfied with the application.

The panel accepted the applicant's submission that the time limits for Temporary Event Notices² may be a barrier to some events, and the flexibility of the requested hours was necessary.

The panel noted that objections based on the impact on local wildlife are not matters falling within the licensing objectives³ and therefore could not be taken into account.

The panel recommended that the applicant provides contact details with the premises and an additional central contact should residents feel their concerns are not being dealt with by the management at the premises.

Objections to the Application

The council received 27 representations, 25 of which objected to the application. The objections included concerns about:

• Noise and disturbance to local residents, particularly late at night. Sam Burge, of 81 Hill Head Rd, stated that they were extremely concerned about the anticipated significant increase in noise pollution, especially during night-time hours when residents expect peace and quiet.
• The potential for an increase in alcohol-related crime and antisocial behaviour in the area. Michael Nash, of 53 Hill Head Road, said that Extended alcohol service hours may contribute to an increase in alcohol-fueled incidents, including vandalism, littering, public intoxication, and aggressive behaviour.
• That the extended hours were inappropriate for a quiet residential area. Pauline Gough, of 15 Hill Head Road, questioned the need so open so late in this quiet residential area.
• That the new design of the building, with a significant increase in the outdoor areas and sliding doors, would increase noise levels. Suzanne Foster, of 85 Hill Head Road, said she was very concerned about the nuisance caused by noise from these external and open areas, not only from customers drinking but also from music and events, especially given the hours requested.
• That Hall and Woodhouse had a history of tense relations with local residents and had repeatedly demonstrated a lack of care for the welfare and feedback of the community. Susannah Fraser, of 69 Hill Head Road, said that she had very little confidence in the License Holder's conduct and that Hall & Woodhouse had repeatedly demonstrated a lack of care for the welfare and feedback of the community.
• The impact on local wildlife, particularly birds and bats, from increased noise and light pollution.
• That the extended hours would increase the risk of drink-driving, given the limited public transport services after midnight.
• That the application was inconsistent with previous statements made by the applicant. Several residents noted that in their planning application, the Osborne View had stated that its return to active use would not give rise to conditions not previously experienced by nearest residential receptors.
• That the licensing hours should be consistent with other local pubs, such as The Cuckoo Pint and The Crofton.
• That there should be a restriction on the hours the new outside balcony is in use, and that it should only be used for eating.
• That the premises had a history of not staffing the Osborne View with enough staff to ensure that their customers are served or looked after promptly. Virginia Hodge, of 61 Solent Road, asked How can the few members of staff on duty ensure that the customers leave promptly and quietly?

Jon Wallsgrove, Licensing Solicitor acting on behalf of Mr Christopher Mitchener of 23 Solent Road, Hill Head, submitted a written representation against the application, stating that it would undermine the Licensing Objectives of The Prevention of Crime and Disorder and The Prevention of Public Nuisance. Mr Mitchener has been involved in licensed premises for 51 years and is considered an expert in the field. Mr Wallsgrove stated that Mr Mitchener's concern specifically relates to the hours of the licensable activities proposed.

Support for the Application

The council received two representations in support of the application. Robert Sergeant, of 111 Stubbington Lane, Hill Head PO14 2PB, said that he broadly supported the application and that he was very aware that the pub and hospitality industry is in decline and that they need every help they can get to help them survive. He also said that complaints from people living nearby, that this represents a change on the previous licensing agreement are a bit lame; they chose to live near a pub and pub licensing hours have continually evolved over the years to meet consumer demand.

Mr Gordon Buchanan, of Hay Cottage 8 Old Street Hillhead Fareham PO14 3HU, urged the council to please please please give the Osborne a green light to do what ever they like because that is progress the art of success is positive thinking and tell the idiots who have the time to complain to just shut up and move on out of the area if they don't like it.

Variations to the Application

Prior to the hearing, the applicant put forward variations to the application to address concerns put forward by interested parties. These were as follows:

• Opening hours of the premises: Monday to Thursday 07:00 to 23:30, Friday & Saturday 07:00 to 00:30 the following day, Sunday 07:00 to 23:00
• Sale of Alcohol: Monday to Thursday 07:00 to 23:00, Friday & Saturday 07:00 to 00:00, Sunday 07:00 to 22:30
• Films, Live Music, Recorded Music: Monday to Thursday 08:00 to 23:00, Friday & Saturday 08:00 to 23:00, Sunday 08:00 to 22:30
• Late Night Refreshment: Monday to Thursday No hours sought, Friday & Saturday 23:00 to 00:30, Sunday No hours sought
• Exception: New Year's Eve, Opening hours to be 07:00 to 02:30 the following morning, Sale of alcohol 07:00 to 02:00 the following morning, Live and Recorded music 08:00 to 02:00 the following morning, Late-Night Refreshment 23:00 to 02:30 the following morning
• Additional Conditions: Outer areas to be cleared of guests by 23:00 (22:00 on Sundays), Outer lobby doors will be closed by 22:00, Waste and bottles will not be disposed of between 22:00 and 08:00 the following day, Any amplified sound after 23:00 played through a limiter, No films or live music to be played in the outside areas

As a result of the variations to the premises licence application put forward, some of the representations made by Interested Parties were withdrawn. Councillor Susan Bayford declared a personal interest in that she is acquainted with Mr Mitchener, one of the Interested Parties to the hearing. Following the amendments to the Application, Mr Mitchener withdrew his representation and did not attend or take part in proceedings.