Agenda and draft minutes

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

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

Voting: Unanimous

To receive any apologies for absence from Members.

None 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 made.

A revised protocol for public speaking at formal virtual meetings of the Licensing Sub Committee when it is considering Licensing Act 2003 business is included with the agenda sheet for this meeting.

The protocol for public speaking at virtual meetings was noted.

An application has been received to vary the premises licence of the premises known as Southbourne Post Office, 14 Southbourne Grove, Bournemouth BH6 3RW.

This matter is brought before the Sub Committee for determination.

Attendance:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Nananka Randle – Licensing Manager (observing)

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Sinead O’Callaghan – Democratic and Overview and Scrutiny Support Officer (observing for training purposes)

Ellie Barker – Work Placement (observing)

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 to grant a variation to the premises licence for the premises known as ‘Southbourne Post Office’, 14 Southbourne Grove, Bournemouth, BH6 3RW, to extend the terminal hour for off sales of alcohol on Monday to Saturday inclusive only.

The Licensing Authority had received a representation from Dorset Police and one other person on the grounds that to grant the application would undermine the prevention of crime and disorder, public safety and the prevention of public nuisance licensing objectives.

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

Mrs Cilem Altun – Applicant’s wife and representative

Louise Busfield – Dorset Police Licensing Team (joined at 10:25)

Louise Busfield apologised to the Chair for being late to the meeting citing technical difficulties.

During the hearing, Mrs Altun offered a reduction inthe terminal hour from 01:00 to 00:00hrs on Friday and Saturday. The Legal adviser reminded all parties that the premises was already licenced and was applying for a variation to extend the terminal hour for off sales of alcohol on Monday to Saturday inclusive by 1 hour.

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.

Decision

RESOLVED that the application to vary the premises licence for Southbourne Post Office, 14 Southbourne Grove, Bournemouth, BH6 3RW,to extend the terminal hour for off sales of alcohol on Monday to Thursday inclusive from 23:00hrs to 00:00hrs and on Friday and Saturday from 23:00hrs to 01:00hrs be granted, subject to the amendment to the application offered by the Applicant’s wife and representative, Mrs Cilem Altun during the hearing that the terminal hour be 00:00hrs Monday to Saturday inclusive. The amended application is granted with the following conditions attached:

• Images of the ‘Beer Cave’ recorded by the CCTV system must always be displayed on a monitor visible from the till, whenever the premises is open.
• The ‘Beer Cave’ must be locked from 21:00hrs daily.

Reasons for Decision

The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the report for Agenda Item 5, together with the  ...  view the full minutes text for item 25.

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

‘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.’

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.

The Licensing Sub-Committee is asked to consider whether the applicant for a Hackney Carriage/Private Hire licence is a ‘fit and proper’ person to be able to continue to the next stage of the driver application process.

This item was restricted by virtue of paragraphs 1 and 2 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual) and 2 (information which is likely to reveal the identity of an individual).

Attendance:

From BCP Council:

Nananka Randle – Licensing Manager

Sally Martin – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Sinead O’Callaghan – Democratic and Overview and Scrutiny Support Officer (observing for training purposes)

Ellie Barker – Work Placement (observing)

The applicant was also in attendance, accompanied by his father.

The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all participating parties.

The Licensing Officer presented a report, a copy of which had been circulated to each Member and appears as Appendix 'A' to these Minutes in the Minute Book.

The Sub-Committee was asked to determine whether the applicant was considered a ‘fit and proper’ person to hold a Hackney Carriage and/or Private Hire driver’s licence.

The applicant and his father addressed the Sub-Committee to present his case.

The Sub-Committee asked various questions of all parties present and was 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 Council’s Legal Advisor advised all parties of the right of appeal.

Decision

RESOLVED that the Sub Committee finds that the applicant is a ‘fit and proper’ person and are satisfied that he can continue with the application process to become a licenced driver.

Reason for Decision:

The Sub-Committee considered all the information which had been submitted before the hearing and contained in the Licensing Officer’s report for Agenda Item 7, the verbal submissions made at the Hearing by the applicant and his father, who attended to support him, and particularly the responses provided by the applicant to questions from the Sub-Committee.

In considering the test of a ‘fit and proper person’, the Sub-Committee also had regard to the BCP Council Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (July 2020).

The Sub-Committee noted appendix C of the BCP Council Hackney Carriage and Private Hire Driver Policy 2021 – 2025 which sets out that where an applicant has a conviction for an offence of violence, or connected with any offence of violence, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed.

After consideration of all the circumstances of the case, the Sub Committee were satisfied that the applicant is a ‘fit and proper person’ and should be able to continue with his application to become  ...  view the full minutes text for item 27.