Agenda and minutes

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

RESOLVED that Councillor Judes 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.

In relation to the items of business appearing below, the Committee is asked to consider the following resolution: -

‘That under Regulation 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005 and 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 Paragraph 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 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 and 2 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.

To consider an application by Dorset Police for review of the premises licence following an intelligence led operation with Officers from HMRC and Trading Standards following information that smuggled alcohol and/or tobacco were being offered for sale.  The review relates to concerns that the premises are not upholding the prevention of crime and disorder licensing objective.

Present:

From BCP Council:

Sarah Rogers, Senior Licensing Officer

Alan Parr, Legal Advisor to the Sub-Committee

Michelle Cutler, Clerk to the Sub-Committee

The Chair 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 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 Review of the Premises Licence under Section 51 of the Licensing Act 2003, submitted by  Dorset Police on 26th January 2022, relating to the prevention of crime and disorder licensing objective.

No other representations had been received from any of the other responsible authorities or any other persons.

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

Sergeant Gareth Gosling, representing the applicant, Dorset Police

Vanessa Rosales, Alcohol Licensing Officer, Dorset Police

Mr Philip Day, representing the Premise Licence Holder

The Premises Licence Holder and his partner

The Sub Committee asked various questions of all parties present and were grateful for the responses received. All parties had the opportunity to ask questions. 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.

The Legal Adviser explained that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of this decision in writing, and that the decision would not come into effect until the expiry of said 21 days.

Voting: Unanimous

RESOLVED:- That having considered the Application submitted by Dorset Police to Review the Premises Licence for the Premises known as ‘Europa Mini Supermarket’, 16 St Michael’s Road, Bournemouth, BH2 5DX, the Sub-Committee agrees that the Premises Licence be suspended for a three month period, that the sale of alcohol be amended to 09:00 hrs to 22:00hrs daily and that the existing licencing conditions be amended as follows:

Deletion of the existing CCTV condition and its replacement with the following:

• The premises shall install and thereafter maintain in good working order a digital CCTV system. The system shall be in operation at all times the premises are open for business.

• Images shall be stored for a minimum period of 31 days and shall record the time and date. Facilities will be made available to allow police and other authorised officers (as defined by the Licensing Act 2003) to view recordings on request and to be provided with copies of recordings in playable format on request, provided in each case that the request is compliant with Data Protection legislation.

• Whenever the premises are open, there will be at least one member of staff on duty or otherwise available at short notice capable of and authorised to  ...  view the full minutes text for item 30.