Agenda and minutes

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

RESOLVED that Councillor Williams 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.

Post Meeting Note:                                                                                              

An apology for absence was received from Cllr Moore and Councillor Castle, as a reserve member, assumed the role as a Licensing Sub-Committee member.

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.

The protocol for public speaking at Licensing Sub Committee hearings is included with the agenda sheet for noting.

The protocol for public speaking was noted.

An application has been received for the renewal of the Sexual Entertainment Venue Licence for the premises known as ‘Wiggle’, 159 Old Christchurch Road, Bournemouth, to permit relevant entertainment to continue for a further twelve-month period.

As the Licensing Authority has received one objection, this matter is brought before the Licensing Sub Committee for determination.

Present:

BCP Council:

Sarah Rogers – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler –Clerk to the Sub-Committee

Members of the Public Present: 2

The Chair made introductions and explained the procedure for the hearing, which was agreed by all parties.

Post Meeting Note:

The running order of the hearing had been changed to allow Mrs Stockwell to speak first, at her request.

The Licensing Officer presented the 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 the renewal of the Sexual Entertainment Venue Licence for the premises known as ‘Wiggle’, 159 Old Christchurch Road, Bournemouth, to permit relevant entertainment to continue for a further twelve-month period.

One valid representation had been received and it was confirmed that there had been no representations received from any of the responsible authorities.

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

Applicant and Representatives:

Mr Paul Ojla - Applicant

Mr Taran Ojla - General Manager

Objector:

Mrs Susan Stockwell

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.

Decision:

The Sub-Committee resolved to grant the application to renew the Sexual Entertainment Venue Licence for Wiggle, 159 Old Christchurch Road, Bournemouth BH1 1JS

Reasons for the Decision:

The Sub-Committee considered in detail all the information which had been submitted before the hearing and contained in the report for Agenda Item 5, Wiggle, 159 Old Christchurch Road, Bournemouth.

The Sub-Committee also considered the written and verbal submissions submitted by the objector Susan Stockwell, together with the written and verbal submissions of the applicant, Mr Paul Ojla, owner of the premises, and Mr Taran Ojla, General Manager.

The Sub-Committee had regard to the provisions of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (“the 1982 Act”), and in particular the available grounds for refusing the application contained within that Schedule. They did not find that the Applicant was unsuitable to hold a sexual entertainment venue licence and were reminded that BCP Council no longer had a Sex Establishments Policy. It was agreed that the only grounds to be considered were the ‘discretionary’ grounds set out in paragraph 12(3)(d) of Schedule 3. It was to those grounds that the Sub-Committee turned their focus.

Character of locality

The Sub-Committee noted that the premises has operated as a lap dancing club in the same location since 2006. Since 2010 when such premises were required to operate under a Sexual Entertainment Venue licence, such a licence has been in place and applications made annually for it to renewed as is required  ...  view the full minutes text for item 5.