Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 27th April, 2022 10.00 am

Venue: Virtual Teams

Contact: Michelle Cutler Email: michelle.cutler@bcpcouncil.gov.uk or Democratic Services  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

35.

Election of Chair

To elect a Chair 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

 

36.

Apologies

To receive any apologies for absence from Members.

Minutes:

Apologies for absence were received from Councillors Duane Farr, Toby Johnson and David Kelsey. George Farquhar, as a reserve member, assumed the role as a Licensing Sub-Committee member.

37.

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:

There were no declarations of interest.

38.

High Tide Festival, Bournemouth Beach pdf icon PDF 238 KB

An application has been received for a time limited premises licence to permit regulated entertainment and the supply of alcohol for a 2 day music festival on the beach on 1st and 2nd July 2022.

 

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

Additional documents:

Minutes:

Present:

 

From BCP Council:

 

Nananka Randle – Licensing Manager

Sarah Rogers, Senior Licensing Officer

Tanya Coulter, Legal Advisor to the Sub-Committee

Michelle Cutler, Clerk to the Sub-Committee

 

Mr Philip Day, Lacey’s Solicitors, representing the Applicant, High Tide Festival Company Ltd

Mr Simon Smith, High Tide Festival Limited – Promoter of the Event

Peter Tisdale – Promoter

Benjamin Davids – Sun Dogs Production

James Dutton – Method Events

 

Objectors:

 

Jon Weaver - Head of  Destination and Events, BCP Council

Tom Powell – Event Manager, BCP Council

Sgt Gosling - Dorset Police

Louise Busfield – Licensing Officer, Dorset Police (observing)

Andy Downton - Dorset & Wiltshire Fire and Rescue Service

 

Ian Carter, Dorset Council – Chair for most recent SAG Meeting, present to answer any questions.

  

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

 

The Chair advised that the Sub-Committee had received a very late submission from Dorset Police in the form of a 380 page document. The Chair proposed that this item be adjourned until 11th May 2022 to allow the Sub-Committee time to digest the information provided. The Chair sought the views of all parties on how to proceed.

 

Philip Day, Solicitor, representing the Applicant, advised that he did not support an adjournment and that he would like the hearing to proceed due to the proposed application being a major event in terms of financial planning. Mr Day proposed that the Sub-Committee adjourn for an hour to specifically consider the following documents:  Event Management Plan, Minutes of the Safety Advisory Group meeting (SAG) and the response to the SAG. Mr Jon Weaver, Head of  Destination and Events, BCP Council, agreed that the hearing should not be adjourned as a decision on the application was required immediately due to the large amount of work that would need to be undertaken and a concern that the event organisers would continue to promote the event and sell tickets in the interim.

 

Sergeant Gosling apologised for the lateness in submitting the evidence bundle and cited that he was busy dealing with other police business. He did not support an adjournment until a later date and neither did Mr Andy Downton, Dorset Fire and Rescue Service.

 

After taking the views of all parties into consideration the Sub-Committee agreed to adjourn to 11:45am to consider the documents highlighted by Mr Philip Day, that had been submitted by Dorset Police the previous day.

 

The meeting adjourned at 10:30am and reconvened at 11:45am.

 

The Chair welcomed everyone back and confirmed that the Sub-Committee had read the necessary documents.

 

 

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 made by Lacey’s Solicitors on behalf of High Tide Festival Company Ltd for a time limited premises licence, to permit regulated entertainment and the supply of alcohol, for a 2-day music festival  ...  view the full minutes text for item 38.

39.

Branksome Beach Restaurant Kiosk pdf icon PDF 223 KB

An application has been received for a new Premises Licence for the premises known as ‘Branksome Beach Restaurant Kiosk’ to enable customers to consume food and drink on a decking structure proposed on the beach or elsewhere.

 

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

Additional documents:

Minutes:

Present:

 

From BCP Council:

 

Nananka Randle, Licensing Manager

Tanya Coulter, Legal Advisor to the Sub-Committee

Michelle Cutler, Clerk to the Sub-Committee

 

Mr Niall McCann, Solicitor, Keystone Law, representing the Applicant, Rockwater Sandbanks and Branksome Ltd

Mr Lee Wilson, Operations Director of Rockwater

Miss Kate Cross, proposed Designated Premises Supervisor

 

Objectors:

 

Mr McCarthy, presenting his own objection and also representing:

Mr and Mrs Wilkinson

Mr  and Mrs  Lawrence

Ms Glynn-Baker

Tea Colaianni

1 Anonymous

Cllr May Haines, presenting her own objection and representing 3 Anonymous objectors.

 

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

 

The Chair confirmed that the supplementary evidence bundle submitted by Mr McCann, Solicitor on behalf of the Applicant, in advance of the hearing, had been received by the Sub-Committee.

 

The Licensing Manager 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 made by Keystone Law, on behalf of Rockwater Sandbanks & Branksome Limited, for a premises licence for off sales to enable customers to consume food and drink on a decking structure proposed on the beach or elsewhere. The Licensing Authority had received 56 representations on the grounds that to grant the application it would undermine the licensing objectives of the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm.

 

The Sub-Committee was advised that a number of conditions had been agreed between the Applicant and Dorset Police via mediation in advance of the hearing.

 

The Applicant had agreed to the proposal to amend the provision of off sales of alcohol to between 11:00hrs and 21:00hrs seven days a week, as opposed to between10:00hrs to 23:00hrs. As a result, Dorset Police had withdrawn its representation. A further 2 representations had been withdrawn following the successful mediation between the Applicant and Dorset Police.

 

During the course of the Hearing, Mr McCann offered a condition on the licence that when the kiosk was open, off sales from the restaurant would not be promoted.

The Clerk read out a written statement from Mr Bob Lister, objecting, as he could not attend the hearing due to other commitments.

During Councillor May Haines submissions, the Sub-Committee was informed that she had originally been asked to represent 5 residents, however, 1 resident had now withdrawn their representation following the conditions agreed between the Applicant and Dorset Police.

 

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.

 

 

 

 

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  ...  view the full minutes text for item 39.