Agenda and draft 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.

There were no apologies for absence.

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 for public speaking was noted.

The Licensing Authority has received an application for a new premises licence for the premises known as ‘Gordons Yard’, 152 Southbourne Road, Bournemouth.

The Sub-Committee is asked to adjourn the hearing until 13 March 2026 in accordance with Regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005.

The Licensing Authority had received an application for a new premises licence for the premises known as ‘Gordon’s Yard’, 152 Southbourne Road, Bournemouth.

The Sub-Committee was asked to adjourn the hearing until 18 March 2026 in accordance with Regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005, to ensure that all parties could attend.

The Sub-Committee agreed to the request for an adjournment.

RESOLVED that the application for ‘Gordon’s Yard’ be adjourned until 18 March 2026.

To consider an application made by ‘any other person’, Miss Pearl Montgomery, for the review of the premises licence. Miss Montgomery believes the premises are not upholding the prevention of crime and disorder and the prevention of public nuisance licensing objectives.

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

NOTE: With regard to any video footage which may be shown during the hearing, if required the Sub Committee may be asked to consider the following resolution for that part of the hearing: “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 and 2 in Part I of Schedule 12A of the Act”

Present:

From BCP Council:

Tania Jardim – Licensing Officer

Paul Barker – Environmental Health Officer

Linda Cole – 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 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 made by ‘any other person’, Miss Pearl Montgomery for the review of the premises licence for the premises known as ‘Chaplins’, located at 529-533 Christchurch Road, Bournemouth, BH1 4AG. Miss Montgomery believed the premises were not upholding the prevention of crime and disorder and the prevention of public nuisance licensing objectives.

No comments in support of the review were received from the Responsible Authorities, however, Environmental Health had submitted a response outlining their current position, which was included in the report pack.

In response to the application, representations had been received from 182 persons in support of the premises. 

Following publication of the Officer’s report, further documentation was provided from both the Applicant and the Premises, copies of which are appended to these minutes in the Minute Book.

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

The Applicant:

Miss Pearl Montgomery, Applicant

Ms Melinda Parker, Supporting the Applicant

For the Premises:

Mr Duncan Craig, St Phillips Barristers, representing the Premises ‘Chaplins’

Mr David Seccombe, Director of licence holding company

Mr Nicholas Humphrey, Designated Premises Supervisor (DPS)

Mr Geoff Popple, General Manager

Mr Mark Carter, Artist supporting the Premises

Ms Rebecca Fudgate, supporting the Premises (arrived at 10:19am)

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.

During the Hearing the Sub-Committee considered and passed the following resolution in order to view several video/audio clips that had been submitted as evidence by Miss Montgomery in support of the application for review: “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 and 2 in Part I of Schedule 12A of the Act” .

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?having considered the application dated 8 January 2026, made by Miss Pearl Montgomery to review the premises licence for the premises known as ‘Chaplin’s’, 529-533 Christchurch Road, Bournemouth, the Sub-Committee has decided that it is  ...  view the full minutes text for item 147.

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 individual remains a ‘fit and proper’ person to continue to hold a Private Hire driver, Operator and Vehicle Licence.

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

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:

Michelle Fletcher – Licensing Officer

Wesley Freeman – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

The driver was in attendance, represented by a solicitor. A trainee solicitor was also in attendance. The driver was accompanied by a friend for moral support.

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 individual remained a ‘fit and proper’ person to continue to hold a Private Hire Driver, Operator and Vehicle Licence following a recent driver complaint which led to an investigation into alleged non-compliance issues with all three licences.

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.

The Sub-Committee adjourned briefly at the request of the driver’s solicitor as during the hearing, new information had come to light that the solicitor was not aware of.

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.

  The Sub-Committee RESOLVED?that?the driver,?is no longer a ‘fit and proper’ person to hold a Private Hire Driver’s Licence and that the licence be revoked with immediate effect under Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 in the interests of public safety. 

The Sub-Committee further determines that?the driver is not a ‘fit and proper’ person to hold a Private Hire Vehicle Licence and that licence be revoked under Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 due to his failure to comply with statutory requirements or licence conditions. 

The Sub-Committee also resolved to revoke?the driver’s Private Hire Operator Licence under Section 62 of the Local Government (Miscellaneous Provisions) Act 1976 due to his failure to comply with mandatory conditions and because he is no longer being deemed to be a ‘fit and proper’ person to hold such a licence. 

Reasons?for Decision:?

? 

The Sub-Committee?considered?all the written information which had been?submitted?before?the hearing and contained in?the Licensing Officer’s report?for Agenda Item?8.? 

The Sub-Committee also considered?the verbal submissions made at?the hearing by?the Licensing Officers, Michelle Fletcher and Wesley Freeman,?the driver and the Solicitor?representing?the driver. 

In considering?the?test?of whether the driver is a ‘fit and proper’ person, the  ...  view the full minutes text for item 149.