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.

No apologies for absence were received.

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 for a new premises licence has been received for the premises known as Ratio Bar (formerly known as Xchange), 4 The Triangle, Bournemouth.

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

Note: The hearing for this application was adjourned by the Sub Committee during its meeting on 21 December 2022 to be reconvened on 15 February 2023. The report, associated appendices and supplements which were published for the 21 December meeting and the draft minutes of the meeting are included with the agenda for this meeting for ease of reference.

Present:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Linda Cole – 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 Chair explained that the hearing for this application was adjourned by the Sub-Committee during its meeting on 21 December 2022, to be reconvened on 15 February 2023, in order for the applicant’s acoustic consultant to consult with specialist companies, in relation to nightclub specific sound attenuation provision, to resolve the various issues raised.

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

Mr Steve Wright – Acting on behalf of the Applicant

Mr William Mouhana - Applicant

Sargant Gareth Gosling – Dorset Police, objecting

Louise Busfield – Dorset Police, Drug and Alcohol Harm Reduction Team (observing)

Mr Andrew Hill – Environmental Health Officer, objecting

The Chair confirmed that the Sub-Committee had received a supplementary document on 8^th February 2023 from Mr Wright, acting on behalf of the Applicant. A supplementary document had also been received from Dorset Police on 13^th February in response to Mr Wright’s document.

The Sub-Committee heard from Mr Andrew Hill, Environmental Health Officer. Mr Hill confirmed that he had now received an Acoustic Report, which provided a detailed outline of the measures proposed. Mr Hill was satisfied that the proposed control measures would mean that residents would not be impacted by noise nuisance from the premises, and he had subsequently withdrawn his representation.

Sergeant Gosling then addressed the Sub-Committee to highlight the conditions that were still in dispute between Dorset Police and the Applicant.

The Sub-Committee asked various questions of all parties present and was 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 the application for a new premises licence, under Section 17 of the Licensing Act 2003, for the premises known as Ratio Bar (formerly known as Xchange), 4 The Triangle, Bournemouth, made on 28^th October 2022, to permit regulated entertainment and the supply of alcohol be GRANTED between the hours of 21:00 and 03:00 each day of the week, with all patrons and staff to have left the premises by 03:30 on each day of the week.

This Premises Licence is granted subject to the following conditions offered in the operating schedule in part M of the Application

Part M (b) – Prevention of crime and disorder – Conditions numbered 1 to 9 inc and 12, 15 and 16

Part M (d) – Prevention of public nuisance – All conditions numbered 1 to 9 inc

Part M (e) – Protection of children from harm - All conditions numbered 1 to 4 inc

In addition, the following condition was agreed between  ...  view the full minutes text for item 13.

Dorset Police has made an application to review the premises licence for Havana Wine Bar, 61 Charminster Road, Bournemouth, BH8 8UE, in relation to concerns that the premises is not upholding the prevention of crime and disorder licensing objective.

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

Present:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Linda Cole – 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 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 Dorset Police to review the premises licence for ‘Havana Wine Bar’, 61 Charminster Road, Bournemouth, BH8 8UE, in relation to concerns that the premises was not upholding the prevention of crime and disorder licensing objective.

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

Sergeant Gareth Gosling – representing the Applicant, Dorset Police

Louise Busfield – Dorset Police, Drug and Alcohol Harm Reduction Team (observing)

Philip Day, Laceys Solicitors – Acting on behalf of Mr Tarek Halabi, Premises Licence Holder

The Sub-Committee asked various questions of all parties present and was 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 review the premises licence, submitted by Dorset Police under Section 51 of the Licensing Act 2003, for the premises known as ‘Havana Wine Bar’, 61 Charminster Road, Bournemouth, BH8 8UE, received by the Licensing Authority on the 22nd of December 2022, in relation to the prevention of crime and disorder licensing objective, the Sub-Committee has decided to leave the licence in its current state, that being the licence that was amended via a minor variation on 11 February 2023.

Reasons for Decision

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the report and appendices for Agenda Item 6, in particular the written evidence provided by Dorset Police in support of the application for review and the verbal submissions made at the hearing by Sergeant Gosling on behalf of Dorset Police, by Mr Philp Day, Laceys Solicitors, acting on behalf of Mr Tarek Halabi, the Premises Licence Holder and the responses given to all questions asked at the hearing.

In determining the review, the Sub-Committee considered the options available as set out in the recommendations of the report and the Licensing Act 2003.

The Sub-Committee heard from Sergeant Gosling that more recently, there had been a period of significant crime and disorder and violence associated with ‘Havana Wine Bar’, which in the past had generally operated well. Sergeant Gosling informed the Sub-Committee that since Dorset Police had submitted its application for review, a significant amount of communication had taken place between Dorset Police and Mr Day on behalf of the Premises Licence Holder, to find  ...  view the full minutes text for item 15.