Issue - meetings

To consider an application by Dorset Police for review of the premises licence following an intelligence led operation with Officers from HMRC and Trading Standards

This matter is brought before the Licensing Sub Committee for determination.

Present:

From BCP Council:

Tania Jardim– Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties.

The Licensing Officer presented a report, a copy of which had been circulated and a copy of which appears as Appendix A to these minutes in the Minute Book.

The Licensing Officer corrected a typographical error in paragraph 3 of the report regarding the date the premises was issued with a premises licence which should read 16 January 2007.

The Sub Committee was asked to consider an application for a review of the premises licence for the premises known as Bargain Convenience Store, 495 Wimborne Road, Bournemouth BH9 2AW, submitted by Dorset Police on 15 August 2022, on the grounds that the premises was not upholding the prevention of crime and disorder licensing objective.

One representation in support of the review from one ‘other person’ had been received during the consultation period. Following the submission of a survey and recommendations in relation to the premises’ operation, undertaken by Mr David Ramsay, under instruction from the premises licence holder, Dorset Police had confirmed that it maintains its original position.

The following persons attended the hearing and addressed the Sub- Committee to expand on the points made in written submissions:

Louise Busfield – Dorset Police Licensing Team

Mr David Ramsay - Legal representative for the current Premises Licence Holder

Mr Ali Zmnako – Premises Licence Holder

The Sub Committee asked various questions of all parties present and were grateful for the responses received. All parties had the opportunity to ask questions. All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised all parties of the right of appeal.

RESOLVED that having considered the application to review the premises licence for Bargain Convenience Store, 495 Wimborne Road, Bournemouth BH9 2AW, the Sub Committee has decided to revoke the premises licence on the grounds that the premises are not upholding the prevention of crime and disorder Licensing Objective. 

Reason for Decision

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the report and appendices for Agenda Item 5, in particular the written evidence provided by Dorset Police in support of the application for review and the verbal submissions made at the hearing by Ms Louise Busfield on behalf of Dorset Police Licensing, by Mr David Ramsay, licensing representative for Mr Ali Zmnako, the Premises Licence Holder, and by Mr Zmnako himself and the responses given to all questions asked at the hearing.

In determining the review, the Sub Committee considered the options available as set out in the recommendations of the report and the Licensing Act 2003. The Sub Committee shared the view of Dorset Police that none of the other available options would address the reasons for the review  ...  view the full minutes text for item 72