Agenda and minutes

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

RESOLVED that Councillor G Farquhar 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 received for this meeting.

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 none on this occasion.

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.

The Licensing Authority has received an application for a new premises licence at Bournemouth Bake House, 3 – 5 Fir Vale Road, Bournemouth, to permit late night refreshment between the hours of 23:00 and 05:00, each day of the week.

The Licensing Authority has received 3 representations from other persons 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.

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

Attendance:

BCP Council:

Sarah Rogers – Licensing Officer

Mary Almeida - Legal Advisor to the Sub-Committee

Claire Johnston - Clerk to the Sub-Committee

Rebekah Rhodes – Clerk to the Sub-Committee (observing)

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

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 a new premises licence at Bournemouth Bake House, 3 – 5 Fir Vale Road, Bournemouth, to permit late night refreshment between the hours of 23:00 and 05:00, each day of the week.

The Licensing Authority received 3 representations from other persons 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. It was clarified that 2 of the representations which were identical in content were received by the same person and therefore there were only 2 separate representations.

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

Mr Mark Cater – Applicant

Mr Ismail Ecker – Objector

Mr Ecker also brought the following witnesses who addressed the Sub-Committee:

Ms Merve Eker

Ms Berfin Eker

Mr Jesus Giordano

The Sub-Committee asked various questions of the 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 Legal Advisor advised all parties of the right of appeal.

RESOLVED: RESOLVED that the application for a new premises licence at Bournemouth Bake House, to permit late night refreshment between the hours of 23:00 and 05:00, each day of the week, be GRANTED.

The Application is granted with the conditions offered in the applicants’ operating schedule, the condition suggested by Dorset Police as outlined in the report and the following additional conditions offered by the applicant during the hearing:

Conditions put forward by the applicant at the hearing:

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.

The Sub-Committee also considered additional information submitted by the applicant on 12^th  June prior to the hearing and the verbal submissions made at the hearing by Mr Mark Cater, the applicant, Mr Ismail Eker, who had submitted a representation and two witnesses.

The Sub-Committee did not feel that  ...  view the full minutes text for item 10.

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, 2 and 7 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 their licences and be permitted to continue with an application.

This item was withdrawn prior to the meeting.

The Licensing Sub-Committee is asked to determine whether the applicant 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).

From BCP Council:

Mary Almeida – Legal Adviser to the Sub-Committee

Michelle Fletcher – Licensing Officer

Rebekah Rhodes – Clerk to the Sub-Committee

Claire Johnston – Clerk to the Sub-Committee (observing)

The Applicant was also in attendance.

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 a non-public Appendix 'B' to these Minutes in the Minute Book.

The Sub Committee was asked to consider whether the driver remained a ‘fit and proper’ person to continue to hold a Hackney Carriage and Private Hire driver licence.  

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 applicant was not considered to be a ‘fit and proper’ person to continue holding a hackney carriage and/or private hire driver/operator Licence.

Reasons For Decision

Detailed reasons for the decision are outlined further in the exempt minute for this item. The Sub Committee concluded that the applicant was not a ‘fit and proper person’ to continue to hold a license and that it was appropriate to depart from the policy, that the applicant cannot continue with the renewal process to become a licensed Hackney Carriage driver.

The Sub-Committee took into consideration the written documents and information contained in Agenda Item 6; the BCP Council Private Hire and Hackney Carriage Conditions, Bylaws and Guidance, the BCP Private Hire and Hackney Carriage Policy, the provisions of the Local Government (Miscellaneous Provisions) Act 1976 and the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades and the oral representations made at the Hearing on 18th June 2024.

Anyone aggrieved by the decision has the right of appeal to the Magistrates’ Court within a period of 21 days beginning with the day that the applicant is notified, in writing, of the decision.