Agenda and minutes

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

RESOLVED that Councillor Moore 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.

An application has been received for a new premises licence for the premises known as ‘Gaja’, 360 Charminster Road, Bournemouth, BH8 9RX.

This matter is brought before the Sub Committee for determination.

Attendance:

From BCP Council:

Tania Jardim – Licensing Officer

Linda Cole – Legal Adviser 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 has 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 the premises known as ‘Gaja’, 360 Charminster Road, Bournemouth, BH8 9RX to permit the Supply of alcohol (On & Off Sales)

Monday to Sunday 12:00 to 22:30.

The Licensing Authority had received three representations on the grounds that to grant the application would undermine the prevention of crime and disorder and prevention of public nuisance licensing objectives.

The Sub-Committee noted that the application for regulated entertainment had been removed.

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

Ms Kasia Wozniak – Applicant

Mr Thavenasen Naidoo – Designated Premises Supervisor

Mr Nertil Bala - Objector

The Sub-Committee asked various questions of all parties present and was grateful for the responses received.

The Sub-Committee heard from Mr Bala, who had objected on the grounds of the prevention of public nuisance licensing objective, mainly regarding the premises original proposed closing time of 02:00. Given that the premises had offered to close at 23:00 hours each day, Mr Bala confirmed that he wished to withdraw his representation.

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 for the premises known as ‘Gaga’, 360 Charminster Road, Bournemouth, BH8 9RX to permit the following activities be GRANTED.

Supply of alcohol (On & Off Sales)

Monday to Sunday 12:00 to 22:30

Subject to the following conditions agreed with Trading Standards being attached to the Licence:

·       Challenge 25 shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport / Holographically marked PASS scheme identification cards.

·       Appropriate signage advising customers of the policy shall be prominently displayed in the premises.

·       All staff involved in the sale of alcohol shall receive training on the law relating to prohibited sales, the age verification policy adopted by the premises and the conditions attached to the premises licence. Refresher training shall be provided at least once every 6 months. A record shall be maintained of all staff training and that record shall be signed by the person receiving the training and the trainer. The records shall be kept for a minimum of 12 months and made available for inspection by police, licensing, or other authorised officers.

And, subject to the following conditions agreed with Dorset  ...  view the full minutes text for item 59.

A protocol for public speaking at formal ‘in person’ meetings of the Licensing Sub Committee is included with the agenda sheet for this meeting.

The protocol was noted.

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 determine whether the driver remains a ‘fit and proper’ person to continue to hold a Hackney Carriage and Private Hire driver licence.

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

Trudi Barlow – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

The Applicant was present with a friend.

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 a copy of which appears as Appendix 'B' to these Minutes in the Minute Book, together with supplementary information provided by the applicant, a copy of which appears as Appendix ‘C’ to these Minutes in the Minute Book.

The Sub-Committee was asked to consider whether the Applicant was deemed to be a ‘fit and proper’ person to continue to hold a hackney carriage/private hire drivers licence in light of the issues raised in the report.

The Applicant addressed the Sub-Committee to present their 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.

RESOLVED that:   the driver remains a ‘fit and proper’ person to continue to hold a Hackney Carriage/Private Hire Driver’s Licence, however, it is the Sub-Committee’s decision that the driver receives a written caution which will remain on his file. 

Reasons 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 8, as well as the verbal submissions made at the Hearing by all parties.

In considering the test of a ‘fit and proper person’, the Sub-Committee had regard to the BCP Council’s 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 (updated November 2022).

In considering the BCP Criminal Convictions Guidelines as set out in the Hackney Carriage and Private Hire Policy, the Sub-Committee noted that anyone having this type of conviction would normally be refused a Hackney Carriage and Private Hire Driver’s licence until a period of 5 years have passed since the reinstatement of their DVLA driver’s licence. They were mindful that their main consideration was public safety, and the Sub-Committee was confident that the driver would not be a risk to the travelling public if he retained his licence.

In view of this this the  ...  view the full minutes text for item 62.

The Licensing Sub-Committee is asked to determine whether the driver remains a ‘fit and proper’ person to continue to hold a Hackney Carriage and Private Hire driver licence.

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

Trudi Barlow – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

The Applicant was also present.

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 a copy of which appears as Appendix 'B' to these Minutes in the Minute Book, together with supplementary information provided by the Applicant, a copy of which appears as Appendix ‘C’ to these Minutes in the Minute Book.

The Sub-Committee was asked to consider whether the Applicant was deemed to be a ‘fit and proper’ person to continue to hold a hackney carriage/private hire drivers licence in light of the issues raised in the report.

The Applicant addressed the Sub-Committee to present their 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.

The Sub-Committee RESOLVED that:the driver was not a ‘fit and proper person’ and there is reasonable cause to revoke the drivers Public Carriage Driver’s Licence with immediate effect in accordance with section 61(2B) Local Government (Miscellaneous Provisions) Act 1976 in the interests of public safety.

Reasons for Decision:

The Sub-Committee considered all of the information which had been submitted before the Hearing and contained in the Licensing Officer’s report for Agenda Item 9, as well as the verbal submissions made at the Hearing by the driver.

In considering the test of a ‘fit and proper person’, the Sub-Committee also had regard to the BCP Council’s Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of Part II 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 found no reason to depart from its own Hackney Carriage and Private Hire Driver Policy which sets out in section 11 of Appendix C of the Policy, that anyone having a drinking conviction would normally be refused a Hackney Carriage and Private Hire Driver’s licence until a period of 5 years have passed since the reinstatement of their DVLA driver’s licence.

In addition, they noted the Institute of Licensing guidance, at paragraph 4.40, states that with regard to drink driving ‘Where an applicant  ...  view the full minutes text for item 63.