Issue - meetings

The Licensing Authority has received an application to review the premises licence for the premises known as Bargain Convenience Store, 495 Wimborne Road, Bournemouth BH9 2AW.

This matter is brought before the Sub Committee for determination.

Attendance:

From BCP Council:

Tania Jardim – Licensing Officer

Linda Cole – Legal Adviser to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Cllr Chapmanlaw (Observing remotely)

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 has been circulated and a copy of which appears as Appendix A to these minutes in the Minute book.

The Sub-Committee was asked to consider an application for a review of the premises licence for the premises known as ‘Bargain Convenience Store’, 459 Wimborne Road, Bournemouth, BH9 2AW. The application for review had been submitted by Dorset Police following two serious incidents which undermined the public safety and protection of children from harm licensing objectives. The review related to concerns that the premises were not upholding the licensing objectives of crime and disorder and protection of children from harm and that Dorset police no longer had confidence in the premises Licence holder/DPS.

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

Ms Louise Busfield – Dorset Police, the applicant

Sargeant Gareth Gosling, Dorset Police, the applicant

Mr Philip Day –Lacey’s Solicitors, Solicitor representing the premises

Mr Warrener – Lacey’s Solicitors (observing)

Mr Alo Rashid Zmnako – Premises Licence Holder

Mr Karem – friend of Mr Zmnako

The Sub-Committee asked various questions of all parties present and was 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 the Premises known as ‘Bargain Convenience Store’, 495 Wimborne Road Bournemouth the Sub-Committee has decided to suspend the licence for a period of 1 month and modify the conditions of the licence as follows:

      I.         All staff working at the premises must undertake conflict management training.

    II.         A Personal Licence Holder must always be present on the premises at times that licensable activities are taking place.

Reasons 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 for Agenda Item 8, in particular the application for review made by Dorset Police, the email chain between  Mr Philip Day, licensing representative for Mr Zmnako, the Premises Licence Holder and Sergeant Gosling and the verbal submissions made at the hearing by Ms Louise Busfield and Sergeant Gareth Gosling on behalf of Dorset Police and by Mr Philip Day, on behalf of Mr Zmnako, and the responses to questions given at the hearing by all parties.

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 and acknowledged that it was only able to take into account  ...  view the full minutes text for item 83