Agenda and draft minutes

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

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

Voting: Unanimous

To receive any apologies for absence from Councillors.

There were none.

Councillors are required to comply with the requirements of the Localism Act 2011 and the Council's Code of Conduct regarding Disclosable Pecuniary Interests.

Councillors are also required to disclose any other interests where a Councillor is a member of an external body or organisation where that membership involves a position of control or significant influence, including bodies to which the Council has made the appointment in line with the Council's Code of Conduct.

Declarations received will be reported at the meeting.

For transparency, Cllr S Baron declared that Item 4 concerned a premises in his Ward. Cllr Baron clarified that he had not had any prior discussions with any party regarding the matter.

An application has been received from Environmental Health for a review of the Premises Licence for the premises known as Camden Bar and Kitchen, 4-6 Bournemouth Road, Poole BH14 0ES.  This matter is brought before the Licensing Committee for determination. 

Attendance:

From BCP Council:

Frank Wenzel – Licensing Team Manager

Paul Barker – Environmental Health Officer

Johanne McNamara – Senior Solicitor

Mary Almeida – Lawyer (Observing)

Joseph Tyler – Democratic and Overview and Scrutiny Officer

On behalf of the premises owners:

Sandra Graham – Representing license holder

Lauren Nolan– Premises Owner

Phil Curley – Premises Owner

Ian McCarther – Acoustic Engineer

Press: 1

The Chairman opened the meeting, made introductions and explained the procedure for the hearing, to which all parties agreed.

The Licensing Team Manager presented the report and explained that the Licensing Act 2003 enables the Sub-Committee to consider applications from responsible authorities for the review of Premises Licences. Information was also provided on the Live Music Act 2012, specifically, how it accounted for the deregulation of the performance of live and recorded music on certain licensed premises.

The Sub-Committee were asked to consider an application to review the premises licence for ‘Camden Bar and Kitchen’, made by Environmental Health on 5th November 2019 following complaints of noise from music. It was heard that the application for review related to the prevention of public nuisance licensing objective. The Environmental Health Officer explained that investigations were made following the complaints. The Sub-Committee heard that the investigations found that the building was not suitable to contain the levels of music that were being played. Members were informed, following discussions between the Environmental Health Officer and the premises owners, that both parties agreed a noise-limiter should be installed to resolve the issue. The Sub-Committee were told that for this agreement to be enforceable, they would need to agree for this to be an added condition, in accordance with s177A(4) of the Licensing Act 2003.

The premises owners’ representative presented a brief overview of the business and its operations since 2010. The Sub-Committee heard why the complaints had arisen and the steps that the owners had taken in order to rectify the issues.

Members of 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.

RESOLVED that: -

Having regard to the statement of licensing policy and having considered the suggestions made, with the proposed variation being agreed by both parties, the Sub-Committee decided to vary the license to include the terms as agreed:

“The Live Music Act 2012 exemption (S 177 of the Licencing Act 2003) shall be disapplied to the extent that any live or recorded music, as permitted under the Live Music Act 2012, shall only be played through an in-house system that is controlled by a noise limiting system. This noise limiting system must have the levels set and maintained at levels which shall be agreed by Officers from BCP Council Environmental Health Department.”

Reasons for decision:

The Sub-Committee gave detailed consideration to the written evidence that had been submitted before the hearing, along with the verbal  ...  view the full minutes text for item 80.

Attendance:

From BCP Council:

Nananka Randle – Licensing Manager

Trudi Barlow – Licensing Technician

Johanne McNamara – Senior Solicitor

Mary Almeida – Lawyer (Observing)

Joseph Tyler – Democratic and Overview and Scrutiny Officer

On behalf of the Premises Owner:

Philip Day – Solicitor representing the Premises Owner

Shaun De Kment– Premises Owner

Wendy Lovett – Supporting the Premises Owner

Emma Moscrop – Trainee Solicitor (Observing)

Other persons:

Councillor John Beesley

Mr Stephen Nichols

Mr Alan Burton-Smith

Mr A. Patlewicz

Mr Phil Arnold on behalf of Mr G. Isherwood

Press: 1

The Chairman opened the hearing, made introductions and explained the procedure for the hearing, to which all parties agreed. Further introductions were made for those who had submitted representations and had requested to speak during the hearing.  

The Sub-Committee were asked to consider an application for a new premises licence at Bar Beyond, Whitley Court. Members heard that the application was for the supply of alcohol on the premises from Monday to Sunday 10:00 to 23:00 hours and late-night refreshment Monday to Sunday 23:00 to 23:30 hours. It was explained that 31 interested parties made representations against the application based on all four of the licensing objectives. The Sub-Committee heard that, following mediation with Environmental Health Pollution Control and a subsequent condition being agreed, there were no representations made by any of the responsible authorities.

The Solicitor representing the Premises Owner presented the application and gave an overview of the relevant licensing policies applicable. The Sub-Committee heard from the Solicitor that the application should be considered as an ‘exceptional case’, one that merited a departure from point 15.11 of the Licensing Act 2003, Statement of Licensing Policy. The nature of the business was discussed, including explanations on the type of activities and events that would take place on the premises. The Solicitor emphasised that no responsible authority, specifically Dorset Police, had submitted a representation, and although to did not identify support for the application, it demonstrated neutrality towards it. Members asked questions regarding an incident that was alleged to have been connected with an event at Bar Beyond on 3^rd November 2019. The Premises Owner and Solicitor explained how there was a discrepancy in the alleged timings of the incident and contested whether they could be attributed to Bar Beyond in any way.

The Chairman introduced the Other Persons who each gave verbal representations. The verbal statements covered all four of the licensing objectives, namely the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

Members of 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.

RESOLVED that: -

The Sub-Committee made it clear that in considering the matter, they only had regard to the four Licensing Objectives and not any other issues raised by any party.  ...  view the full minutes text for item 81.

The Sub Committee is asked to formally open and adjourn the above hearing until 4 February 2020, in order to comply with the requirements of the Hearing Regulations, as agreed by the applicant and police.

The Chairman introduced the item and informed the Sub-Committee that they were being asked to formally open and adjourn the above hearing until 4 February 2020, in order to comply with the requirements of the Hearing Regulations, as agreed by the applicant and police.

RESOLVED that:-

The Sub-Committee agreed unanimously to formally open and adjourn the hearing for the Application for Review of Premises Licence - Riviera Bar & Restaurant, 560 Christchurch Road, Bournemouth, until 4 February 2020.

The Sub Committee is asked to formally open and adjourn the above hearing until 28 January 2020 in order to comply with the requirements of the Hearing Regulations.

The Chairman introduced the item and informed the Sub-Committee that they were being asked to formally open and adjourn the above hearing until 28 January 2020 in order to comply with the requirements of the Hearing Regulations.

RESOLVED that:-

The Sub-Committee agreed unanimously to formally open and adjourn the hearing for the Review of Premises Licence - Polski Sklep, 17 Lansdowne Road, Bournemouth BH1 1RZ, until the 28 January 2020.

The Sub Committee is asked to formally open and adjourn the above hearing until 28 January 2020 in order to comply with the requirements of the Hearing Regulations.

The application was withdrawn by the applicant and was therefore not considered at this meeting.