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.

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.

In relation to the item of business appearing below, the Sub Committee is asked to consider the following resolution at the hearing when dealing with the representation from Trading Standards at Appendix 4 of the report:

“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.”

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 Authority has received an application for a new premises licence for the premises known as Westover Express,45 Westover Road, Bournemouth.

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

Attendance:

BCP Council:

Sarah Rogers – Licensing Officer

Johanne McNamara - Legal Advisor to the Sub-Committee

Sinead O’Callaghan - Clerk to the Sub-Committee

Jill Holyoake – Democratic Service 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.

The Sub-Committee was asked to consider an application for a new premises licence, for the premises known as ‘Westover Express’ 45 Westover Road, Bournemouth to permit off sales of alcohol from the premises between the hours of 08:00 and 23:00 each day of the week.

The Licensing Authority received 2 representations on the grounds that to grant the application would undermine the prevention of crime and disorder, public safety and protection of children from harm licensing objectives.

Following the publication of the report, additional information was received on behalf of applicant and Dorset Police, copies of which were circulated and appear as Appendix B, C and D 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 their written submissions:

Mr Philip Day – Solicitor for applicant 

Mrs Elina Kadir - Applicant

Mr Gareth Gosling - Dorset Police 

Ms Katie Attridge - Trading Standards

Ms Hayley Browning- Trading Standards

The Sub-Committee asked various questions of all parties present and was grateful for the responses received.

During the hearing the Sub Committee passed the following resolution to enable the exempt information provided by Trading Standards in their representation to be presented, with all parties having the ability to ask questions and note responses provided:

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.

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 for a new premises licence at Westover Express, 45 Westover Road, Bournemouth, BH1 2BZ, GRANTED subject to the addition of the following conditions:

The Conditions offered by the Applicant during mediation with Dorset Police  prior to the hearing on 25^th June 2024. It was noted that Dorset Police’s representation was that if a Licence were granted the Sub Committee should impose those conditions offered by the Applicant as set out below.

• Westover Express will meet all 4 Licensing Objectives as shown below, in particularly through ensuring comprehensive staff training,  ...  view the full minutes text for item 19.