Agenda and minutes

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

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

Voting: Unanimous

To receive any apologies for absence from Members.

There were no apologies. Councillor Norman Decent was present at the beginning of the meeting as the reserve but was not required to remain.

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 of interest

An application has been received for a full variation of a Premises Licence for the premises known as The Tipsy Cow, 37 Charminster Road, Bournemouth BH8 8UE. The matter was adjourned by the Sub Committee on 12 August 2020 and is now brought before the Sub Committee for consideration.

Attendance:

From BCP Council:

Michelle Fletcher, Licensing Officer

Stephen Cox, Environmental Health Officer

Linda Cole, Legal Advisor to the Sub Committee

Jill Holyoake, Clerk to the Sub Committee

Mr Alex Marshall – Applicant

Mr Matt Theodore – Other Person (objecting)

Mr Mark Allen – Other Person (objecting)

The Chairman 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 vary the premises licence for The Tipsy Cow, 37 Charminster Road, Bournemouth, to increase the existing licensed area to include a seating area to the rear of the premises. The application had resulted in four representations being received from ‘Other Persons’ under the prevention of public nuisance licensing objective. At the hearing the Licensing Officer confirmed that seven letters of support had been received and passed to the applicant.

Following mediation, the Environmental Health Officer had agreed a number of additional conditions with the applicant and was not objecting to the application. The Environmental Health Officer was in attendance to respond to any questions as required.

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

Mr Alex Marshall – Applicant

Mr Matt Theodore – Other Person (objecting)

Mr Mark Allen – Other Person (objecting)

The Sub Committee asked various questions of all parties present. All parties were given the opportunity to ask questions of each other. All parties were given the opportunity to sum up before the Sub Committee retired to make its decision. Before concluding the Legal Advisor advised all parties of the right of appeal.

RESOLVED – That the application to vary the premises licence for The Tipsy Cow, 37 Charminster Road, Bournemouth, to increase the existing licensed area to include a seating area to the rear of the premises, be granted subject to the following conditions:

Conditions agreed with Environmental Health:

·       The rear outside area shall only be used between the hours of 10:00 and 22:00 (with the last seating up until 21:00)

·       The premises licence holder shall have arrangements in place to ensure any seats unoccupied in the outside rear area after 21:00 are taken out of use

·       After 22:00 the outside rear area shall be vacated and not used for any purpose, including smoking until 10:00 the following day

·       No amplified or live music shall be played within the rear open area at any time

Conditions on the existing licence which will also apply to the outside rear area:

·       Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables

·       Notices shall be prominently displayed at all exits and external areas reminding patrons to respect the needs of local businesses and residents and leave area quietly

·       Loud speakers shall not be located in the entrance lobby  ...  view the full minutes text for item 18.

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, 2 and 7 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 Regulation 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7 in Part I of Schedule 12A of the Act and that the public interest in being excluded from the hearing and in withholding the information outweighs such interest in the hearing taking place in public and in disclosing the information.

Description of exempt information:

Paragraph 1: Information relating to any individual

Paragraph 2: Information which is likely to reveal the identity of an individual

Paragraph 7: Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

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.

Attendance:

From BCP Council:

Trudi Barlow, Licensing Officer

Nananka Randle, Licensing Manager

Linda Cole, Legal Advisor to the Sub Committee

Jill Holyoake, Clerk to the Sub Committee

Sergeant Gareth Gosling, Dorset Police – Applicant

Sarah Rogers, Senior Licensing Officer, BCP Council - representing the Licensing Authority as Responsible Authority in support of the review

Mr Philip Day, Solicitor representing the Premises Licence Holder

The Sub Committee considered a request from Mr Philip Day, representing the Premises Licence Holder, to further adjourn the hearing to enable him to establish contact with his client, take instructions from him and confirm his attendance at the suggested date for the adjourned hearing on 1 September 2020. Mr Day explained the personal circumstances of the Premises Licence Holder which had led to him making this request. He acknowledged that should he not be able to take instructions or confirm the Premises Licence Holder’s attendance for the adjourned hearing on 1 September the hearing should proceed in his absence.

Sergeant Gareth Gosling, the applicant, confirmed that in light of the circumstances he would support the request to adjourn on the understanding that the hearing on 1 September would definitely proceed, to avoid any further delay in considering the concerns which had led to his application for review.

Sarah Rogers, representing the Licensing Authority as Responsible Authority, had no objection to the request to adjourn. One Other Person who had made a written representation in support of the review and was due to attend the hearing to give a verbal representation was contacted by the Clerk during the meeting and advised of the proposed adjournment and date.

Based on the information provided, the Legal Advisor to the Sub Committee recommended that the application be further adjourned in the interests of a fair hearing until 1 September 2020.

RESOLVED – That the application to review the premises licence for Chicken Express, 144 Old Christchurch Road, Bournemouth, be further adjourned in the interests of a fair hearing until the next Licensing Sub Committee on 1 September 2020 at 10.00am