Agenda and draft minutes

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

RESOLVED that Councillor J Butt 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 for absence.

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 new premises licence for the premises known as Malinka Market, 586-588 Christchurch Road, Bournemouth BH1 4BH.

The application is brought before the Licensing Sub Committee for determination.

NOTE: This application was deferred by the Licensing Sub Committee at its meeting held on 17 February 2021.

Attendance:

Cllr J Butt – Chair of the Sub-Committee

Cllr B Dion – Sub-Committee member

Cllr T Johnson – Sub-Committee member

Sarah Rogers, BCP Licensing Officer

Johanne McNamara, BCP Legal Advisor to the Sub-Committee

Joseph Tyler, BCP Clerk to the Sub Committee

Devon Small – Solicitor for the agent representing the applicant.

Eva Zabarylo – Other person speaking to her written representation.

Philip Day representing the following other persons:-

Anna Migdal-Plewa and Maciej Plewa

Kevin Tapscott

Steve Butterworth

Rosanna Bravoso

Alexandra Mackiewicz

Cllr J Kelly – Ward Councillor.

Cllr D Farr – Reserve Member / Observing for training purposes

Cllr G Farquhar – Reserve Member / Observing for training purposes

Cllr S Anderson – Observing for training purposes

Cllr L Williams – Observing for training purposes

The Chair, Cllr Judes Butt, made introductions and explained the procedure for the hearing which was agreed by all parties.

The Senior Licensing Officer presented a report, a copy of which had been circulated to all parties 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 for a new premises licence dated 30 December 2020 for a new supermarket store known as: Malinka Market, 586-588 Christchurch Road, Boscombe, Dorset, BH1 4BH,  to allow the sale of alcohol between the hours of 06:00 to 23:00, seven days a week.

Following this, Devon Small, Counsel representing the applicant presented their case.

The Sub-Committee also received verbal representations from Eva Zabarylo, Ward Councillor Jane Kelly and Phillip Day, Solicitor, representing a number of persons who had submitted written representations.

The Sub-Committee also read the written representations which were included in the report.

The Sub-Committee asked various questions of all parties present and were grateful for responses received. There were several questions posed and answered by other parties and 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.

RESOLVED that the application for a new premises licence dated 30 December 2020 for a supermarket store known as: Malinka Market, 586-588 Christchurch Road, Boscombe, Dorset, BH1 4BH, be GRANTED subject to all of the conditions in Section 18 of the application ‘Licensing Objectives’; the conditions as agreed between Environmental Health, Dorset Police and the applicant, numbered 1-5 below; as well as the conditions added by the Licensing Sub-Committee at the hearing on 3 March 2021 and offered by and agreed to by the Applicant’s representative, numbered 6-8 below.

1. No waste or recyclable materials, including bottles, shall be moved, removed

from or placed in outside areas between 23:00 and 07:00 on the following

day.

2. No collections of waste or recycling materials (including bottles) from the

premises shall take place between the hours of 23:00 and 07:00 on the

following day.

3. No deliveries to the premises shall take place between the hours of 23:00 and

07:00 on the following day.  ...  view the full minutes text for item 66.