Issue - meetings

Application to Vary Premises Licence at DYMK, 31 Poole Hill, Bournemouth, BH2 5PW

Meeting: 24/11/2022 - Licensing Sub-Committee (Item 90)

90 Application to Vary Premises Licence at DYMK, 31 Poole Hill, Bournemouth, BH2 5PW pdf icon PDF 159 KB

An application has been received to vary the premises licence for the premises known as DYMK, 31 Poole Hill, Bournemouth BH2 5PW.

 

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

 

Additional documents:

Minutes:

Present:

 

From BCP Council:

Tania Jardim – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

Kieran Clarke – Democratic Services, observing for training purposes.

 

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 C to these minutes in the Minute Book.

 

The Sub Committee was asked to consider an application to vary the premises licence for DYMK, 31 Poole Hill, Bournemouth BH2 5PW, submitted by TLT Solicitors on behalf of Greene King Retailing Limited, as follows: to extend the hours for supply of alcohol, films, live music, recorded music, anything of a similar description and late-night refreshment on Wednesdays and Thursdays until 03:00. In addition, the application sought to extend the premises opening hours until 04:00 on Wednesday and Thursday and on all non-standard timings, with all other days and times to remain unaltered. In addition to the extension of hours, the applicant had applied to vary the layout and design of the premises in accordance with plan submitted with the application and to update the current licence conditions by way of additional conditions and the removal of others.

 

Six representations had been received from other persons objecting to the application on the grounds that granting the variation would undermine the prevention of public nuisance licensing objectives. BCP Council’s Environmental Health had also objected on ground of public nuisance.

 

Following the publication of the Licensing Officer’s report, a witness statement from Mr Shaun Mitchell, operator of the premises, and supporting appendices, had been submitted by Mr Piers Warne, TLT Solicitors, on behalf of the applicant. A copy of these documents had been circulated as a supplement and appear as Appendix D to these minutes in the Minute Book. The statement included a partial amendment to the variation application in response to the resident concerns, to reduce the extension of hours for the licensing activities specified to 02:00 on Wednesdays and Thursdays and to reduce the extension of the premises opening hours to 03:00 on Wednesdays and Thursdays.

 

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

 

  • Mr Piers Warne, TLT Solicitors – representing the applicant, Greene King Retailing Limited
  • Mr Shaun Mitchell – Operator
  • Mr Andrew Hill, BCP Council Environmental Health, objector
  • Ms Mary Allen, objector
  • Mr Chris Blackburn, objector
  • Ms Hannah Cole, objector

 

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 vary the premises licence for DYMK, 31 Poole Hill, Bournemouth BH2 5PW, to extend the  ...  view the full minutes text for item 90