Agenda and minutes

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

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

Voting: Unanimous

To receive any apologies for absence from Members.

Apologies were received from Cllrs Sandra Moore & Brian Castle. Cllrs Farquar and Dower stepped up as reserve members to sit on the Sub-Committee.

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 received 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 at Licensing Hearings was noted.

The Licensing Authority has received an application for a new premises licence for the premises known as the Trouville Hotel, 5 – 7 Priory Road, Bournemouth.

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

Present:

BCP Council:

Ellie King – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Louise Smith –Clerk to the Sub-Committee

Michelle Cutler – Democratic Support

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.

Mr Philip Day of Laceys Solicitors made an application on behalf of ABQ Leisure Ltd for a new premises licence at the Trouville Hotel, located at 5-7 Priory Road, Bournemouth

The application was to permit:

·       Plays (Indoors)  -10:00 to 01:00 Monday to Sunday 

·       Indoor sporting events - 10:00 to 01:00 Monday to Sunday

·       Live Music (Indoors)  - 10:00 to 01:00 Monday to Sunday 

·       Recorded Music (Indoors) - 10:00 to 01:00 Monday to Sunday 

·       Performances of dance (Indoors) - 10:00 to 01:00 Monday to Sunday 

·       Activity similar to music and dance (Indoors) - 10:00 to 01:00 Monday to Sunday 

·       Late night refreshment (Indoors) - 23:00 to 01:00 Monday to Sunday for non residents and until 05:00 hours for residents and bona fide guests

·       Supply of Alcohol (On and Off Sales) from 10:00 to 01:00 on every day of the week, for non residents and 24 hours a day for residents and bona fide guests. 

The Licensing Authority had received representations from 27 other persons on the grounds that to grant the application would undermine the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm licensing objectives.

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

For the Applicant:

Philip Day – Applicant’s representative

Muhammad Malik - applicant

Other Persons:

Karen & Anthony Davies (also representing Laith & Diana Majeed, who had made a representation but did not attend).

Stewart Green

The following joined the meeting virtually:

Michael Carr

Keith Lucas

Peter Jopling

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:

GRANTED as applied for, to include the conditions offered by the Applicant Company as detailed in Part 3 Operating Schedule, Paragraph M.  In addition, that the following conditions, be added to the Licence at the request of the Sub- Committee:

• That all non-fixed tables and chairs located in the outside areas at the front of the premises be removed by 11pm each day.

• That contact details of the hotel manager and DPS be placed on display within the hotel reception area and made available to residents of Coast Development if requested.

Reasons for Decision

The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the report  ...  view the full minutes text for item 24.

The Licensing Authority has received an application from Dorset Police to review the premises licence for the premises known as Pirata, 125 Charminster Road, Bournemouth.

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

NOTE: In relation to this item of business, the Sub Committee may be asked to consider the following resolution depending on the course of discussions at the hearing and the content of any supplementary information submitted:

“That under Section 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and with regard to Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that the public interest in withholding the information outweighs such interest in disclosing the information and that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7 in Part I of Schedule 12A of the Act.”

Present:

BCP Council:

Sarah Rogers – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Louise Smith –Clerk to the Sub-Committee

Michelle Cutler – Democratic Support

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 B to these minutes in the Minute Book.

RESOLVED that under Section 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and with regard to Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that the public interest in withholding the information outweighs such interest in disclosing the information and that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7 in Part I of Schedule 12A of the Act.

This item was restricted by virtue of paragraphs 1, 2 and 7 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual), 2 (information which is likely to reveal the identity of an individual) and 7 (information relating to the financial or business affairs of any particular person (other than the authority)).

The Sub-Committee was asked to consider the application for review of the premises licence, under Section 51 of the Licensing Act 2003.  The review request from Dorset Police was received on 15 May 2024. 

Dorset Police believed that the premises had undermined all four licensing objectives - the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm licensing objectives with full details of the review appended to the Officer Report.  In addition to the review application, the Police submitted some supplementary information and showed the Committee two CCTV videos to support their review request.

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

Applicant:

Vanessa Rosales - Dorset Police

Louise Busfield – Dorset Police

License Holder:

Mr Enrico Guadagno – Premises Licence Holder

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:

RESOLVED that having considered the application to review the premises licence for the premises known as ‘Pirata’, 125 Charminster Road, Bournemouth, BH8 8UH, the Sub-Committee has decided to revoke the premises license on the grounds that the premises are not upholding the prevention of crime and disorder,public safety, and the protection of children from harm licensing objectives.

Reasons for Decision:

The Sub-Committee considered all the information which had been submitted before the hearing and contained in the report for  ...  view the full minutes text for item 25.