Agenda and minutes

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

RESOLVED that Councillor Judes Butt be elected Chair of the Sub-Committee for the duration of the meeting.

Voting: Unanimous

To receive any apologies for absence from Members.

Following the publication of the agenda, Councillor S Anderson submitted apologies for this meeting and Councillor D Kelsey, as a reserve member, assumed the role as a Licensing Sub-Committee member.

There were no other 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.

To consider an application by Dorset Police to Review the Premises Licence relating to concerns that the premises management are unable to uphold the licensing objectives relating to the prevention of crime and disorder and public safety licensing objectives.

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

Present:

From BCP Council:

Sarah Rogers, Senior Licensing Officer

Johanne McNamara, 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 Clerk asked all members of the Sub-Committee to confirm receipt of additional evidence in the form of an email thread between Sergeant Gosling, representing the applicant, Dorset Police and Mr Day, representing Mr Huseyin Kocabay, the Premise Licence Holder,  dated 28^th February 2022 and sent out by the clerk on 1st March 2022.  The email contained a copy of the discussion in relation to the mediation that had taken place between both parties on 28^th February 2022. All members of the Sub-Committee confirmed that they had received a copy of the email.

The Senior 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 for review of the premises licence for the premises known as ‘Southbourne Sports Club’, 8 Deans Road, Southbourne, Bournemouth, BH5 2DA. The application was submitted by Dorset Police on 18th January 2022 under the prevention of crime and disorder and public safety licensing objectives.

No other representations had been received from any of the other responsible authorities or any other persons.

The premises licence was first reviewed on 28^th October 2021 by Dorset Police stating that the licence holder was not exercising the levels of control over the premises necessary to ensure that the licensing objectives of the prevention of crime and disorder, prevention of public nuisance and public safety were being upheld. The Licensing Sub-Committee decided at that hearing to impose 5 further conditions.

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

Sergeant Gareth Gosling, representing the Applicant, Dorset Police

Louise Busfield, Licensing Officer, Dorset Police

Philip Day, Lacey’s Solicitors, representing Mr Huseyin Kocabay

Huseyin Kocabay, Premises Licence Holder

Sergeant Gosling addressed the Sub-Committee on behalf of Dorset Police and outlined the application for a Review.

Mr Day addressed the Sub-Committee and advised that following mediation with Dorset Police, Mr  Kocabay was prepared to accept an outcome that the Licensing Sub Committee determine to remove Mr Kocabay  as Designated Premises Supervisor (DPS) and that the licence be amended to include a clause that “no DPS is attached to the Premises Licence until such time as the Premises Licence and lease/business is transferred/conveyed to a person or business which is entirely unconnected with Mr Kocabay or any member of his immediate family (being any parent, child, spouse, civil partner or sibling)”.

Mr Day advised that if the Sub-Committee was minded to take some other course of action, he would ask that they adjourn the hearing to allow a detailed response to the review application (with supporting documents) to be prepared by himself and  ...  view the full minutes text for item 24.

An application has been received for a new Premises Licence for the premises known as ‘Ex Rowland’s Chemist’, 128 Charminster Road, Bournemouth.

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

This item was withdrawn due to all representations being withdrawn in advance of the hearing.