Issue - meetings

An application to transfer the licence from Hampshire Restaurants Ltd to the applicants, Bournemouth Bars Limited has been made.

Bournemouth Bars Limited has applied for the renewal of the Sexual Entertainment Venue Licence to permit relevant entertainment for a further twelve-month period.

The applications have been made simultaneously to expedite the applications.

The licensing authority has received two objections.

These matters are brought to the Licensing Sub Committee for determination.

Present:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – 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 Sub-Committee was asked to consider an application to transfer the licence from Hampshire Restaurants Ltd to the applicants, Bournemouth Bars Limited.

Bournemouth Bars Limited had applied for the renewal of the Sexual Entertainment Venue Licence for the premises known as ‘FYEO’, 134 – 136 Old Christchurch Road, Bournemouth to permit relevant entertainment for a further twelve-month period. The Licensing Authority had received 2 valid objections.

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

Mr Piers Warne – Solicitor for the Applicant

Greg Nicie – Managing Director, FYEO

Susan Stockwell - Objector

The second objector wished to remain anonymous and did not attend the hearing.  

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.

RESOLVED that the application to renew the Sexual Entertainment Venue Licence for the premises known as FYEO (For Your Eyes Only), 134 – 140 Old Christchurch Road, Bournemouth BH1 1NL, and the application to transfer the licence from Hampshire Restaurants Ltd to the applicants, Bournemouth Bars Limited, be GRANTED.

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 5 and the verbal submissions made at the hearing by Mr Piers Warne, Solicitor for the Applicant, Mr Glen Nicie, Managing Director of FYEO, and Susan Stockwell, Objector.

One further objection was received; however, the objector wished to remain anonymous and did not attend the hearing.

In response to both objectors’ written representations that the previous SEV policy for Bournemouth Council was still in place and should therefore be followed, the Legal Advisor to the Sub-Committee confirmed that this was incorrect. Legal advice had been sought externally, and it had been concluded that all the steps taken to reach a SEV policy for BCP Council, and that the ‘Bournemouth policy’ was due to be reviewed, meant that the Bournemouth policy no longer existed. There is no current SEV policy in place for BCP Council. There is no statutory requirement to have a SEV Policy.

At the hearing Mrs Stockwell queried the Senior Licensing Officer’s report, which stated that ‘There is a presumption in the legislation that applications for a licence will be granted unless there is a statutory ground for refusal’. The question was referred to the legal advisor who advised the application would be  ...  view the full minutes text for item 120