Agenda and draft minutes

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

RESOLVED that Councillor David Flagg 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 Anne Filer and Cllr Chris Matthews.

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 was noted.

Marston’s Plc have made an application to vary the premises licence for Fiveways, 423 Charminster Road, Bournemouth. The application is made to request the following changes:-

·       Change the internal and external layout of the premises due to refurbishment of the premises.

·       Extend hours for supply of alcohol, regulated entertainment and late-night refreshment until 01:00 on Friday and Saturday and until 00:00 on Sunday.

·       Add films (indoors and outdoors) and indoor sporting events from 10:00 to 00:00 on Sunday to Thursday and 10:00 to 01:00 on Friday and Saturday.

·       Add a further condition to further promote the protection of children from harm licensing objective.

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

BCP Council:

Sarah Rogers – Senior Licensing Officer 

Johanne McNamara – Legal Advisor to the Sub-Committee

Sinead O’Callaghan – 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 Licensing Sub-Committee was asked to consider an application made by Fiveways to vary the premises licence. The application received 21 representations and a petition containing 23 signatures against the application on the grounds that to grant the application would undermine the prevention of crime and disorder, prevention of public nuisance, public safety and the 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:

John Gaunt & Partners - Michelle Hazelwood (Applicants Solicitor)

Steve McMahon (Marston's Area Manager)

Hayley Connell (DPS)

Objectors:

Gabrielle Clayton

Matthew Rochester

Georgina Howes

Cllr Chris Rigby

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.

RESOLVED that the application to vary the Premises Licence at Fiveways, 423 Charminster Road, Bournemouth, be GRANTED subject to the following amendments imposed by the Sub-Committee on determination of the application.

·       Change the internal and external layout of the premises as set out in the application to vary, due to the refurbishment of the premises.

·       Extend the hours, in relation to the indoor areas only, for supply of alcohol, regulated entertainment and late night refreshment to internal areas until 01:00 hours Friday and Saturday and until 00:00 hours on Sunday.

·       Films (indoors) and indoor sporting events are permitted until 23:00 hours.

·       All licensable activities in the external garden area shall cease by 21:30 hours daily.

·       The external garden area shall be closed by 22:00 hours daily.

·       No audio or amplified sound shall be played in the external garden area at any time. This includes the installation or use of any speakers or sound-emitting devices in the external area.

·       Both sets of lobby doors shall remain closed after 22:00 hours to minimise noise breakout.

·       Add a further condition to further promote the protection of children from harm licensing objective.

The following conditions agreed with Environmental Health during mediation of the application, to further uphold the prevention of public nuisance licensing objective be added to the premises licence:

·       The premises licence holder shall submit a Noise Management Plan to BCP Council’s Licensing Authority for approval. The plan must detail measures to control and minimise noise from patrons and entertainment.

·       The approved Noise Management Plan shall be implemented in full and reviewed annually, or upon request by the  ...  view the full minutes text for item 115.