Agenda and draft minutes

Licensing Sub-Committee - Thursday, 24th November, 2022 10.00 am

Venue: Virtual Teams meeting

Contact: Jill Holyoake 01202 127564 Democratic Services  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

86.

Election of Chair

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

Minutes:

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

 

Voting: Unanimous

 

87.

Apologies

To receive any apologies for absence from Members.

Minutes:

There were no apologies.

 

The Chair thanked Cllr L Williams for attending as reserve member in case he was required.

88.

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:

In respect of the DYMK application Cllr D Kelsey declared that he had in the past frequented the property and was aware of the owners but this was not prejudicial to his views on the application.

 

89.

Application for Premises Licence at MV Margarita moored at Elkin's Boatyard, Christchurch River pdf icon PDF 154 KB

An application has been received for a new premises licence for MV Margarita, moored at Elgin’s Boatyard, Christchurch River.

 

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

 

Additional documents:

Minutes:

Present:

 

From BCP Council:

Tania Jardim– Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

Kieran Clarke – Democratic Services, observing for training purposes.

 

The Chair 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 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 for MV Margarita, moored at Elkin’s Boatyard, Christchurch River, submitted by Mr Philip Day of Lacey’s Solicitors LLP on behalf of Mr Lewis Malone, for the supply of alcohol on and of the premises, Monday to Sunday 10:00 to 23:00. It was noted that the boatyard named in the application should have read ‘Elkins’ not ‘Elgins’.

 

21 representations had been received from other persons objecting to the application on the grounds of all four licensing objectives. 100 representations had also been received. The Licensing Officer provided an update on her report and explained that a response to the representations received in objection had been submitted by Mr Philip Day. A copy of this response had been circulated as a supplement and appears as Appendix B to these minutes in the Minute Book. 

 

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

 

Mr Philip Day*, Laceys Solicitors LLP – on behalf of the applicant

Mr Lewis Malone – applicant

Mr James White – objector

Cllr Avril Coulton, Christchurch Town Council – objector

 

*Mr Day was accompanied by a colleague, Mr Byron Sims, observing for training purposes.

 

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.

 

RESOLVED that having considered the application for a new premises licence for MV Margarita, usually moored at Elkins Boatyard, Christchurch, the Sub Committee has decided to grant the premises licence for the supply of alcohol on the premises, Monday to Sunday 10:00 to 23:00, and off the premises on up to 12 days a year Monday to Sunday 10:00 to 23:00, when the vessel is moored on the River Stour or the River Avon and a charitable or fund raising event is taking place in close proximity to where the vessel is moored.

 

In addition, the conditions as set out in section M of the operating schedule of the application, be added to the licence, subject to the following amendment to that set out in section M (a)as offered by the applicant:

 

Alcohol shall only be supplied to Customers who have booked a fishing trip or other pleasure trip(charter) on the vessel; bona  ...  view the full minutes text for item 89.

90.

Application to Vary Premises Licence at DYMK, 31 Poole Hill, Bournemouth, BH2 5PW pdf icon PDF 159 KB

An application has been received to vary the premises licence for the premises known as DYMK, 31 Poole Hill, Bournemouth BH2 5PW.

 

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

 

Additional documents:

Minutes:

Present:

 

From BCP Council:

Tania Jardim – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

Kieran Clarke – Democratic Services, observing for training purposes.

 

The Chair 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 and a copy of which appears as Appendix C to these minutes in the Minute Book.

 

The Sub Committee was asked to consider an application to vary the premises licence for DYMK, 31 Poole Hill, Bournemouth BH2 5PW, submitted by TLT Solicitors on behalf of Greene King Retailing Limited, as follows: to extend the hours for supply of alcohol, films, live music, recorded music, anything of a similar description and late-night refreshment on Wednesdays and Thursdays until 03:00. In addition, the application sought to extend the premises opening hours until 04:00 on Wednesday and Thursday and on all non-standard timings, with all other days and times to remain unaltered. In addition to the extension of hours, the applicant had applied to vary the layout and design of the premises in accordance with plan submitted with the application and to update the current licence conditions by way of additional conditions and the removal of others.

 

Six representations had been received from other persons objecting to the application on the grounds that granting the variation would undermine the prevention of public nuisance licensing objectives. BCP Council’s Environmental Health had also objected on ground of public nuisance.

 

Following the publication of the Licensing Officer’s report, a witness statement from Mr Shaun Mitchell, operator of the premises, and supporting appendices, had been submitted by Mr Piers Warne, TLT Solicitors, on behalf of the applicant. A copy of these documents had been circulated as a supplement and appear as Appendix D to these minutes in the Minute Book. The statement included a partial amendment to the variation application in response to the resident concerns, to reduce the extension of hours for the licensing activities specified to 02:00 on Wednesdays and Thursdays and to reduce the extension of the premises opening hours to 03:00 on Wednesdays and Thursdays.

 

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

 

  • Mr Piers Warne, TLT Solicitors – representing the applicant, Greene King Retailing Limited
  • Mr Shaun Mitchell – Operator
  • Mr Andrew Hill, BCP Council Environmental Health, objector
  • Ms Mary Allen, objector
  • Mr Chris Blackburn, objector
  • Ms Hannah Cole, objector

 

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.

 

RESOLVED that having considered the application to vary the premises licence for DYMK, 31 Poole Hill, Bournemouth BH2 5PW, to extend the  ...  view the full minutes text for item 90.