Agenda and minutes

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

RESOLVED that Councillor Keddie 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 Cllr Chris Matthews. Cllr Adrian Chapmanlaw stepped up as 2nd reserve member to sit on the Sub-Committee.  This was not reported at the 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 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.

An application has been received for the renewal of the Sexual Entertainment Licence for the premises known as ‘FYEO’, 134 – 136 Old Christchurch Road, Bournemouth, to permit relevant entertainment to continue for a further twelve-month period.

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

Present:

From BCP Council:

Sarah Rogers – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Rebekah Rhodes – 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 for the renewal of the Sexual Entertainment Licence for the premises known as ‘FYEO’, 134 – 136 Old Christchurch Road, Bournemouth to permit relevant entertainment to continue for a further twelve-month period. The Licensing Authority received 1 valid objection. The following persons attended the hearing and addressed the Sub- Committee to expand on the points made in written submissions:

Julia Palmer – Solicitor for the Applicant

Emily Ivins – Applicant/Owner FYEO

Greg Nicie – Manager FYEO

Susan Stockwell - Objector

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 renew the Sexual Entertainment Venue Licence for the premises known as FYEO (For Your Eyes Only), 134 – 140 Old Christchurch Road, Bournemouth BH1 1NL be GRANTED.

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 and the verbal submissions made at the hearing by Julia Palmer – Solicitor for the Applicant and Susan Stockwell – Objector.

At the hearing Mrs Stockwell, queried as other SEV renewal applications had been granted whether there was now a presumption to grant the current application. The question was referred to the legal advisor who advised the application would be considered on it merits and in accordance with schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 and no precedent had been set in consequence of decisions in respect of other premises or the previous grant of such a licence to this premises.  

The Sub-Committee had regard to the provisions of Schedule 3 and the available grounds for refusing the application contained within paragraph 12 of that schedule. Based on the information provided at the hearing, the Sub Committee agreed that   the mandatory conditions for refusal do not apply in this case. The Sub Committee was satisfied that the applicants’ representative had addressed the issues raised in objection regarding the suitability of the applicants and agreed that the premises were well managed by an experienced operator in Mr Glen Nicie and was operating responsibly and the only grounds which may be relevant ground of refusal in respect of this application were the ‘discretionary’ grounds contained within paragraph 12(3)(d) of Schedule 3.

The character of  ...  view the full minutes text for item 53.