Agenda and draft 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.

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 at Licensing Hearings was noted.

An application to transfer the licence from Hampshire Restaurants Ltd to the applicants, Bournemouth Bars Limited has been made.

Bournemouth Bars Limited has applied for the renewal of the Sexual Entertainment Venue Licence to permit relevant entertainment for a further twelve-month period.

The applications have been made simultaneously to expedite the applications.

The licensing authority has received two objections.

These matters are brought to the Licensing Sub Committee for determination.

Present:

From BCP Council:

Sarah Rogers – Senior Licensing 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 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 to transfer the licence from Hampshire Restaurants Ltd to the applicants, Bournemouth Bars Limited.

Bournemouth Bars Limited had applied for the renewal of the Sexual Entertainment Venue Licence for the premises known as ‘FYEO’, 134 – 136 Old Christchurch Road, Bournemouth to permit relevant entertainment for a further twelve-month period. The Licensing Authority had received 2 valid objections.

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

Mr Piers Warne – Solicitor for the Applicant

Greg Nicie – Managing Director, FYEO

Susan Stockwell - Objector

The second objector wished to remain anonymous and did not attend the hearing.  

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.

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, and the application to transfer the licence from Hampshire Restaurants Ltd to the applicants, Bournemouth Bars Limited, 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 Mr Piers Warne, Solicitor for the Applicant, Mr Glen Nicie, Managing Director of FYEO, and Susan Stockwell, Objector.

One further objection was received; however, the objector wished to remain anonymous and did not attend the hearing.

In response to both objectors’ written representations that the previous SEV policy for Bournemouth Council was still in place and should therefore be followed, the Legal Advisor to the Sub-Committee confirmed that this was incorrect. Legal advice had been sought externally, and it had been concluded that all the steps taken to reach a SEV policy for BCP Council, and that the ‘Bournemouth policy’ was due to be reviewed, meant that the Bournemouth policy no longer existed. There is no current SEV policy in place for BCP Council. There is no statutory requirement to have a SEV Policy.

At the hearing Mrs Stockwell queried the Senior Licensing Officer’s report, which stated that ‘There is a presumption in the legislation that applications for a licence will be granted unless there is a statutory ground for refusal’. The question was referred to the legal advisor who advised the application would be  ...  view the full minutes text for item 120.

ABS Holdings have applied for the renewal of the Sex Establishment Licence to permit the premises to trade as a sex shop for a further twelve-month period.

The Licensing Authority has received one objection.

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

Present:

From BCP Council:

Sarah Rogers – Licensing 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 Licensing Officer presented a report, a copy of which had been circulated and a copy of which appears as Appendix ‘B’ 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’, 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 1 valid objection.

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 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.

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

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 applicant, Mr Timothy Hemming, and the written objection of Mrs Susan Stockwell.

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

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 had regard to the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 and the available grounds for refusing the application contained within paragraph 12 of that schedule.  

The Sub-Committee noted that the premises had traded as a sex shop for approximately 23 years under the current ownership. There had been no complaints received by the Licensing Authority in connection with the premises resulting in any formal action being taken and there had not been any representations made in objection to the renewal of the licence from the Police or any other Responsible Authority. Nor had there been any objections made by local residents or the library situated close by.

The Sub-Committee noted the points raised in the objection and the responses on behalf of the applicant in respect of the premises’ location. The Sub-Committee did not consider that there had been a material change in the locality since the licence was renewed last year or that there were sufficient grounds based on the character of the locality to refuse the application. 

The Sub-Committee felt confident that the shop was  ...  view the full minutes text for item 121.