Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 9th June, 2021 10.00 am

Venue: Virtual Meeting

Contact: Democratic Services  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

5.

Election of Chairman

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

Minutes:

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

 

Voting: Unanimous

 

6.

Apologies

To receive any apologies for absence from Members.

Minutes:

No apologies for absence were received.

7.

Declarations of Interests

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.

Minutes:

No declarations of interest were received.

8.

Application for a Variation of a Premises Licence, More the Merrier, 68 Kimberley Road pdf icon PDF 148 KB

An application has been received for a variation of the premises licence for the premise known as ‘More the Merrier’, 68 Kimberley Road, Bournemouth, BH6 5BY.

 

This matter is brought before the Sub-Committee for determination.

 

Additional documents:

Minutes:

Attendance:

 

From BCP Council:

 

Linda Cole, Legal Advisor to the Sub-Committee

Sarah Rogers, Senior Licensing Officer

Michelle Cutler, Clerk to the Sub-Committee

 

The Chairman 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 each Member 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 variation of the premises licence in respect of the the premise known as ‘More the Merrier’, 68 Kimberley Road, Bournemouth, BH6 5BY. The Application had been made by David Ramsey, Licensing Consultant, on behalf of the premises licence holder Esra Oksuz, to remove condition 2.11 imposed on the licence which stated that “Muzaffer Oksuz shall not be responsible for, or authorise, any sale of alcohol at the premises.”

 

The Sub-Committee was advised that a representation had been received from Dorset Police objecting to the removal of this condition as they remained concerned that Mr Oksuz was unable to commit to the promotion of the licensing objectives and would therefore undermine them.

 

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

 

David Ramsey, Licensing Consultant, representing the Applicant

Esra Oksuz, Applicant and current Premises Licence Holder and DPS of the premises

Azra Oksuz, Owner of the Premises

Louise Busfield, Licensing Officer, Dorset Police

 

The Chairman noted that Azra Oksuz did not speak fluent English, however, his daughter, Esra Oksuz, and David Ramsey, Licencing Consultant would be speaking on his behalf. Azra Oksuz confirmed that he had a good understanding of the English language.

 

The Sub-Committee asked various questions of all parties present and were grateful for the responses received. 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.

 

 

It was RESOLVED that the application to vary the premises licence of the premises known as ‘More the Merrier’, 68 Kimberley Road, Bournemouth, BH6 5BY, to remove condition 2.11 imposed on the licence which states:- “Muzaffer Oksuz shall not be responsible for, or authorise, any sale of alcohol at the premises.” be GRANTED.

Reasons for the Decision

The Sub-Committee gave detailed consideration to all the information that had been submitted before the meeting and contained in Agenda Item 5’, in particular the written and verbal representations made by Dorset Police, objecting to the application as a Responsible Authority. The Sub-Committee also considered the verbal representations of Sarah Rogers, Senior Licensing Officer, BCP Council; David Ramsey,  Licensing Consultant, on behalf of the Applicant; Ezra Oksuz  the Applicant and current Premises Licence Holder and DPS of the premises and Muzaffer Oksuz, the owner of the premises.

The Sub-Committee acknowledged the concerns raised both in the written representation and verbal submissions of Dorset Police over Mr Oksuz’s commitment to promoting and upholding  ...  view the full minutes text for item 8.

9.

Application for a New Premises Licence for Chunkzz Fried Chicken & Pizza, 683 Christchurch Road, BH7 6AA pdf icon PDF 151 KB

An application has been received for a New Premises Licence for the premises known as ‘Chunkzz Fried Chicken & Pizza, 683 Christchurch Road, BH7 6AA’.

 

This matter is brought before the Sub-Committee for determination.

 

 

Additional documents:

Minutes:

Attendance:

 

From BCP Council:

 

Linda Cole, Legal Advisor to the Sub-Committee

Tania Jardim,  Licensing Officer

Michelle Cutler, Clerk to the Sub-Committee

 

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 to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book. The Licensing Officer drew attention to an error in the report on page 32 and advised that paragraph 5, line 5, in relation to home deliveries, should have been deleted.

 

The Sub-Committee was asked to consider an application for a variation of the premises licence in respect of the premise known as ‘Chunkzz Fried Chicken and Pizza’, 683 Christchurch Road, BH7 6AA. The Application had been made by David Ramsey, Licensing Consultant, on behalf of the premises licence holder, Mr Chicken Club Limited, for a new restaurant and takeaway to provide Late Night Refreshment between the hours of 23:00 to 04:00 Monday to Sunday (indoors and outdoors) and on and off sales of alcohol, between the hours of 12:00 and 04:00 Monday to Sunday. The applicant had explained that although the terminal hour requested was 04:00, the premises would close its doors to the public at 00:00 Sunday to Thursday and 02:00 on Friday and Saturday. Only home deliveries will take place between 00:00 and 04:00 on Sunday to Thursday and 02:00 to 04:00 on Friday and Saturday.

 

The Licensing Sub-Committee was advised that one representation had been received from 1 other person on the grounds that the application would undermine the prevention of public nuisance licensing objective.

 

 

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

 

David Ramsey, Licensing Consultant, representing the Applicant

George Mgeladze – Company Director, Chicken Club Limited

Abdullah Ebrahim – proposed Designated Supervisor, Chicken Club Limited

Mr Raufi – Objector

 

The Sub-Committee asked various questions of all parties present and were grateful for the responses received.

The Licensing Sub-Committee adjourned for a period of ten minutes for Mr Ramsey to confer in private with his client. On returning, Mr Ramsey advised that his client was willing to limit alcohol sales after 23:00hrs to home deliveries only.

 

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.

 

It was RESOLVED that the application for a new premises licence for the premises known as ‘Chunkzz Fried Chicken & Pizza’, 683 Christchurch Road, BH7 6AA, be GRANTED for:

Supply of alcohol both on and off the premises to include home deliveries 12:00 hours to 23:00 hours each day of the week,

Supply of alcohol off the premises for home delivery only 23:00 hours to 01:00 hours Sunday to Thursday and 23:00 hours to 02:00 hours Friday and Saturday; and

Late Night Refreshment 23:00 hours to 01:00 hours Sunday  ...  view the full minutes text for item 9.