Agenda and minutes

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

RESOLVED that Councillor Flagg be elected Chairman 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. Cllr Mark Howell stepped up as 1^st 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.

No declarations of interest were received.

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 from Dorset Police to review the premises licence for the premises known as Havana, 61 Charminster Road, Bournemouth BH8 8UE.

The Sub Committee is asked to adjourn the hearing until 26 November 2024 to enable the premises to be legally represented at the hearing. This is in accordance with Regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005 and is with the agreement of all parties.

The Chair advised that the Licensing Authority had received an application from Dorset Police to review the premises licence for the premises known as ‘Havana’, 61 Charminster Road, Bournemouth BH8 8UE. The Sub Committee was asked to adjourn the hearing until 26 November 2024 to enable the premises to be legally represented at the hearing. This was in accordance with Regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005 and was with the agreement of all parties.

RESOLVED that consideration of the application to review the premises licence for ‘Havana’ be adjourned until 26 November 2024.

ABS Holdings have applied for the renewal of the Sex Establishment Licence to permit the premises known as ‘Simply Pleasure.com’, 333 – 335 Holdenhurst Road, Bournemouth BH8 8BT, to trade as a sex shop for a further twelve-month period.

The Licensing Authority has received three objections and two letters in support.

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

Present:

From BCP Council:

Sarah Rogers – Licensing Officer

Johanne McNamara – Legal Advisor to the Sub Committee

Michelle Cutler – 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 Sex Establish Licence of the premises known as ‘Simply Pleasure.com’, 333-335 Holdenhurst Road, Bournemouth, BH8 8BT to permit the premises to trade as a sex shop for a further twelve-month period. The Licensing Authority had received 3 objections and 2 letters in support of the application.

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

Tom Clark – on behalf of the Applicant, ABS Holdings

Susan Stockwell – Objector

The Chair advised that one of the objectors, named as ‘objector number 3’ in the report pack, had submitted 3 written questions on the morning of the hearing, as they were no longer able to attend. The Chair advised that he would read the questions out for a response at the appropriate time during the hearing.

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, as appropriate.

RESOLVED that the application to renew the Sex Establishment Licence for the premises known as ‘Simply Pleasure.Com’, 333 – 335 Holdenhurst Road, Bournemouth BH8 8BT be GRANTED subject to the following conditions: 

                        i.‘.com’ be removed from the front fascia of the premises; and

                       ii.that the ‘General Conditions for a Sex Establishment’, as   shown in Appendix 3 of the Report, page 29, paragraph 30, be amended to read ‘No window shall contain any sign, advertising material, goods or display without the written consent of the Council. For the avoidance of doubt, this includes any window display. The window shall only bear a suitable display approved by the Council as and when it is changed’. 

The Sub Committee considered in detail all the information which had been submitted before the hearing, including the Senior Licensing Officer’s report, the written submissions of the three objectors, the written submission of the applicant, Mr Timothy Hemming, and the supplementary papers.  

The Sub Committee also considered the verbal submissions made by Sarah Rogers, the Senior Licensing Officer, Mrs Susan Stockwell, one of the objectors and Mr Tom Clark, who attended on behalf of the applicant.  

The Sub Committee was grateful to all parties for their responses to questions raised at the hearing.  

Reasons for Decision: 

In making its decision the Sub Committee  ...  view the full minutes text for item 59.

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 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.’

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 ‘fit and proper’ to hold a Bournemouth Zone Hackney Carriage 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).

Present:

From BCP Council:

Johanne McNamara – Legal Adviser to the Sub-Committee

Wesley Freeman – Passenger Transport Co-ordinator

Michelle Cutler – Clerk to the Sub Committee

The driver was not in attendance.

The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all parties present.

The Licensing Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

The Sub Committee was asked to consider whether the applicant was deemed to be a ‘fit and proper’ person to allow them to continue to hold a hackney carriage drivers licence in the Bournemouth Zone.

The Sub Committee asked various questions of the Passenger Transport Co-ordinator and was grateful for the responses received.

The Passenger Transport Co-ordinator was 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 driver, is not considered to be a ‘fit and proper’ person to continue to hold a hackney carriage drivers’ licencefor BCP Council and that his hackney carriage licence be revoked with immediate effect.

Reason for Decision:

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the Passenger Transport Co-ordinators report for Agenda Item 8, along with the verbal submissions made at the hearing by Wesley Freeman, Passenger Transport Co-ordinator.

The driver was not present at the hearing.

In considering the test of a ‘fit and proper person’, the Sub Committee had regard to the BCP Council Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).

In considering the circumstances of the case the Sub Committee was mindful that the driver showed no recognition or response for his actions in the paperwork that he had submitted in advance of the hearing, which was of notable concern.

The Sub Committee concluded that the applicant was not a ‘fit and proper person to continue to hold a Hackney Carriage drivers’ licence with BCP Council and as such, agreed that his licence be revoked with immediate effect due his repeated pattern of past behaviour towards passengers.

Anyone aggrieved by this decision has the right of appeal to the Magistrates’ Court within a period of 21 days beginning with the day that the  ...  view the full minutes text for item 61.