Agenda and minutes

To elect a Chairman 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.

Nominated by Councillor R Burton

Seconded by Councillor N Decent

Voting: Unanimous

To receive any apologies for absence from Councillors.

There were no apologies for absence received for this meeting.

Councillors are required to comply with the requirements of the Localism Act 2011 and the Council's Code of Conduct regarding Disclosable Pecuniary Interests.

Councillors are also required to disclose any other interests where a Councillor is a member of an external body or organisation where that membership involves a position of control or significant influence, including bodies to which the Council has made the appointment in line with the Council's Code of Conduct.

Declarations received will be reported at the meeting.

There were no declarations of interest.

Laceys Solicitors representing Alina Aurelia Sarasan have made an application for a new premises licence to allow late night refereshment between 23.00 to 02.00 hours Sunday to Thursday and 23.00 to 05.00 Friday and Saturday.

Attendance:

Michelle Cutler – Democratic and Overview and Scrutiny Officer, Law and Governance, BCP Council

Johanne McNamara – Senior Solicitor, Law and Governance, BCP Council

Nananka Randle – Licensing Manager, BCP Council

Michelle Fletcher – Licensing Officer, BCP Council

Councillor G Farquhar – Observing for training purposes

Press – 1

Alina Sarasan – Applicant

Mr Philip Day – Laceys Solicitors, representing the Applicant

Members of the Public: 2

The Chairman opened the meeting, made introductions and explained the procedure for the Hearing.

The Sub - Committee was asked to consider an Application for a new Premises Licence, to allow late night refreshment between 23:00hrs and 02:00hrs Sunday to Thursday and 23:00hrs to 05:00hrs Friday and Saturday, in respect of the Premises known as ‘Pyramids’, 144 Old Christchurch Road.

The Licensing Authority had received representations from two other persons in respect of this Application under the prevention of public nuisance licensing objective.

Where representations have been received the Licensing Authority is obliged to hold a hearing to consider those representations and determine what action to take in respect of the Application.

The Licensing Officer presented a report, as previously circulated. The Licensing Sub-Committee was advised that the Premises had the benefit of a Premises Licence between 24 November 2005 and 29 May 2019, however, this had lapsed as the Licence had not been transferred within 28 days of the registered company being dissolved on 30 April 2019.

Mr Philip Day, Solicitor representing the Applicant, attended the Sub-Committee and gave verbal evidence on behalf of the Applicant.

The Chairman asked the Licensing Officer whether any formal complaints from either of the two objectors had been received? The Licensing Officer confirmed that complaints dated back to November 2018 and had been received by the Environmental Health Department (Pollution) from the two individuals whom had made representations. Both individuals had refused the offer of a ‘matron machine’ to record noise levels and noise logs were also refused so the Environmental Health Department had not been able to progress the complaints.

The Sub-Committee had no other questions.

Mr Day was given the opportunity to sum up before the Sum-Committee retired to make its decision, but he declined.

The Sub-Committee withdrew to make its decision.

It was RESOLVED that the Application be granted as submitted.

Reasons for Decision

The Sub-Committee has considered the Application and notes that the Premises fall within the Cumulative Impact Area, however, having regard to the Premise previously holding the licence, the Sub-Committee note that the Application is not adding to the number of licensed premises in the area and the current Application is asking for less than the original licence, and having considered the written objections, has decided to grant the application as submitted.