Agenda and minutes

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

RESOLVED that Councillor D Flagg be elected Chair 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 by Dorset Police for a review of the premises licence for the premises known as Late Night Store, 690-692 Christchurch Road, Bournemouth, was received by the Licensing Authority on 27 March 2023. 

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

Note: In accordance with Regulation 11 (1) and (2) of the Licensing Act 2003 (Hearings) Regulations 2005, the Licensing Authority has extended the time limit provided for in the Regulations for a specified period where it considers this to be necessary in the public interest. In this case the period within which a hearing must be held is extended until 31 May 2023 to follow the appointment of a Licensing Committee at the Council meeting on 23 May 2023.

Present:

From BCP Council:

Tania Jardim – Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Sarah Culwick – 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 to review the premises licence for the premises known as Late night Store, 690 – 692 Christchurch Road, Bournemouth BH7 6BY. The application had been submitted by Dorset Police on the grounds that the premises was repeatedly breaching their licence conditions, despite repeated attempts by Dorset Police to support and encourage compliance. Dorset Police no longer had confidence in the licence holder who was also the designated premises supervisor (DPS).

No other representations had been received from any of the other responsible authorities or any other persons. The Sub Committee was advised that Mr David Ramsay had been instructed to represent the licence holder and that a new purchaser had been secured for the sale of the premises. At the time of writing the report, no further information was available.

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

• Sergeant Gareth Gosling and Louise Busfield, representing Dorset Police  – the applicant
• Mr David Ramsay – Representing the Premises Licence Holder/DPS

·       Mr Aras Dawd – Premises Licence Holder/DPS

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 review the premises licence for Late Night Stores, 690 – 692 Christchurch Road, Bournemouth BH7 6BY, Sub Committee has decided to revoke the premises licence on the grounds that the premises are not upholding the prevention of crime and disorder Licensing Objective.

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 for Agenda Item 5, 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 Ms Louise Busfield and Sergeant Gareth Gosling on behalf of Dorset Police Licensing, by Mr David Ramsay, licensing representative for Mr Dawd , the Premises Licence Holder and by Mr Dawd himself and the responses to questions given at the hearing by all parties.

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 and acknowledged that it was only able to take into account matters directly relevant to the licensing  ...  view the full minutes text for item 4.

An application has been received to vary the premises licence for the premises known as Poole Stadium, Wimborne Road, Poole.

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

Present:

From BCP Council:

Tania Jardim – Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Sarah Culwick – 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 B to these minutes in the Minute Book.

The Sub Committee was asked to consider an application to vary the premises licence for the premises known as Poole Stadium, Wimborne Road, Poole BH15 2BP, to enable them to hold a maximum of three outdoor music events per year and drive in film events during weekends and holiday periods as detailed in the report.

The Sub-Committee was advised that in response to the application two representations had been received from other persons objecting on the grounds that granting the application would undermine the prevention of public nuisance licensing objective.

Further to this the Sub-Committee was advised that following mediation with Environmental Health, three conditions had been agreed as set out in paragraph 5 of the report. 

The Sub-Committee was informed that one representation from an other person in support of the application had been received, and that BCP Planning department had confirmed that permission to vary a planning condition would be required to enable the variation to the licence to operate, if granted.

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

• Mr David Pheby – the applicant

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 the application to vary the premises licence for Poole Stadium, Wimborne Road, Poole BH15 2BP, to enable them to hold a maximum of three outdoor music events per year and drive in film events during weekends and holiday periods, be GRANTED, accordingly to permit the following activities which are already permitted indoors to take place outdoors subject to the conditions as set out below:

1.        Films – Monday to Sunday 11:00 to 02:30 (soundtrack to be broadcast direct to vehicles and to finish at 23:00 – the applicant stated 02:30 on the application to reflect the times they are already permitted indoors)

2.        Live Music – Saturday 11:00 to 23:00

3.        Recorded Music – Monday to Saturday 11:00 to 23:00, Sunday 11:00 to 22:30

Conditions agreed with Environmental Health for inclusion in the License:

• There will be a maximum of three music event days per calendar year (either live, recorded or a combination).
• Poole Stadium Ltd will notify the Environmental Health office no later than 56 days prior of the date of any music event.

·       They will notify Environmental Health of who the  ...  view the full minutes text for item 5.