Agenda and minutes

To elect a Chairman of this meeting of the Licensing Sub-Committee.

RESOLVED that Councillor Butt be elected Chairman of the Sub-Committee for the duration of the meeting.

Voting: Unanimous

To receive any apologies for absence from Members.

Apologies had been received from Councillor Parrish and Councillor Decent attended as the substitute member.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

There were no declarations received on this occasion.

An application has been received for a full variation of a Premises Licence for the premises known as ‘More the Merrier’, 68 Kimberley Road, Bournemouth, BH6 5BY. This matter is brought before the Sub-Committee for determination.

Attendance:

From BCP Council:

Michelle Fletcher - Licensing, Presenting Officer

Linda Cole – Legal Advisor to the Sub Committee

Nicky Hooley – Democratic Services Officer and Clerk to the Sub Committee

David Ramsey – Agent

Mr Ismael Gunduz – Applicant

Louise Busfield and Sgt Gareth Gosling – Dorset Police

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

Councillors were asked to consider an application made by Mr David Ramsey, on behalf of Mr Ismael Gunduz to vary the Premises Licence for More the Merrier of Kimberley Road Bournemouth on the 26 May 2020. The application sought to: remove Condition 2.11 to enable Mr Muzaffer Oksuz once again to be responsible for, or authorise, any sale of alcohol at the premises.

The applicant’s agent, Mr Ramsey addressed the Sub-Committee.

Sgt Gareth Gosling addressed the Sub-Committee on behalf of Dorset Police.

The Sub-Committee asked various questions of all parties present at the Hearing. All parties were given the opportunity to ask questions of one another. All parties were then able to sum up before the Sub-Committee retired to make its decision.

Right of Appeal

The Legal Advisor reported that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of this decision in writing.

It was RESOLVED that the application to vary the premises licence of More the Merrier, 68 Kimberley Road, Bournemouth namely to remove Condition 2.11 Muzaffer Oksuz shall not be responsible for, or authorise, any sale of alcohol at the premises be refused.

Reasons for decision:

The Sub Committee considered all of the documents contained in Agenda Item 5, the witness statement taken by Dorset Police from a local resident and submitted and shared with all parties by Dorset Police on the 20 July 2020 and the verbal submissions made at the hearing by Mr David Ramsey on behalf of the applicant, the applicant Mr Ismail Gundez and Sgt Gosling of Dorset Police.

The Sub Committee were mindful that although Mr Oksuz was the owner of the premises, and the condition added to the expense of running the business, it was not something they could take into consideration when taking their decision.

The Sub Committee were of the view that to remove this condition at this time, to enable Mr Muzaffer Oksuz once again to be responsible for, or authorise, any sale of alcohol at the premises would undermine the licensing objective of crime and disorder. They noted that this condition and others had been added to the licence in 2008 in settlement of an appeal against the revocation of the premises licence after a review hearing requested by Dorset Police due to concerns they had about underage sales taking place at the premises.

The premises had been subject to a  ...  view the full minutes text for item 10.

In relation to the items of business appearing below, the Committee is asked to consider the following resolution: -

Regulation 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, which states that the licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

‘That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

RESOLVED that under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.

An application has been made by Dorset Police to review the Premises Licence relating to the premises known as ‘Chicken Express’, 144 Old Christchurch Road, Bournemouth, relating to the licensing objective the prevention of crime and disorder. This matter is brought before the Sub-Committee for determination.

The Sub Committee was asked to open and adjourn this application until 19 August 2020, to comply with the Hearing Regulations.  This was due to the premises licence holder being unable to attend, due to a family emergency.

It was RESOLVED to open and adjourn this application until 19 August 2020.

Voting: unanimous