Agenda and minutes

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

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

Voting: Unanimous

To receive any apologies for absence from Members.

No apologies for absence were received.

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.

The protocol for public speaking at Licensing Sub Committee hearings is included with the agenda sheet for noting.

The protocol for public speaking was noted.

In relation to Agenda Item 6 below, the Committee is asked to consider the following resolution: -

‘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 the Exclusion of the Press and Public is not passed for agenda item 6, as it is no longer required due to the item being deferred.

The Licensing Team has received information in relation to a currently licensed driver that raises concerns on his suitability to remain a licensed driver.

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

NOTE: At the conclusion of this agenda item the meeting will resume in public session.

The Sub-Committee considered a request from the driver to defer his Hearing until February 2026 due to personal circumstances. The Licensing Officer supported this request.

RESOLVED that this item be deferred until February 2026.

To consider an application made by Mudeford Sandbank Beach Hut Association (MSBHA) for the review of the premises licence for the premises known as The Beach House, Mudeford Sandbank, Bournemouth BH6 4EW. MSBHA believe the premises are not upholding the prevention of public nuisance, public safety and protection of children from harm licensing objectives.

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

NOTE: With regard to any video footage which may be shown during the hearing, if required the Sub Committee may be asked to consider the following resolution for that part of the hearing: “That under Section 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and with regard to 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 the public interest in withholding the information outweighs such interest in disclosing the information and that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act”

Present:

From BCP Council:

Tania Jardim – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Christiane Tan – Democratic Services, observing for training purposes

The Chair made introductions and explained the procedure for the Hearing, which was agreed by all parties. The Sub-Committee confirmed that it had received and read all supplementary papers submitted in advance of the Hearing.

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 Licensing Officer advised that Appendix 8 of the report showed an incomplete petition and that a completed version had been circulated to members of the Sub-Committee by the Clerk the previous day.

The Licensing Sub-Committee was asked to consider an application by Mudeford Sandbank Beach Hut Association (MSBHA) for the review of the premises licence for the premises known as ‘The Beach House’, as MSBHA believed the premises were not upholding the prevention of public nuisance, public safety and protection of children from harm licensing objectives.

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

For the Applicant:

Gary Grant, Barrister – representing the applicants, MSBHA 

Darren Pidwell – Chair of MSBHA

Claire Bath – Vice-Chair of MSBHA

In support of the Application for Review:

Ms Suzannah Bath – attended via MS Teams

Mr Peter Jones

Dr Nicholas Goddard  

Mr Stephen Barratt

Mr Paul Owen

Mrs Elizabeth Pritchard

Mr Tony Webb

Cllr Judy Richardson, representing Mr Richard Bath

For The Premises:

Gerald Gouriet, KC representing PLH (Macemade Ltd)

Kim Slater - Director of Macemade Ltd

Richard Slater - Operations Manager of ‘The Beach House’

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.

*During the Hearing the Sub-Committee considered and passed the following resolution in order to view several video clips that had been submitted as evidence by Mr Richard Bath, Mrs Claire Bath and Mr Pidwell in support of the application for review, and 2 videos from Mr Richard Slater, Operations Manager of ‘The Beach House’, submitted as part of his representation: “That under Section 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and with regard to 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 the public interest in withholding the information outweighs such interest in disclosing the information and that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act” .

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.

*Procedural note: Due to a technical error, the videos  ...  view the full minutes text for item 110.