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.

Apologies were received from Sub Committee member, Cllr D Brown, and reserve member, Cllr R Burton.

The Chair thanked Cllr L Williams for stepping up as member of the sub committee for this meeting. She also thanked Cllr D Kelsey for stepping up as a reserve member to attend at the start of the meeting in case his attendance had been required.

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 for review of the premises licence following an intelligence led operation with Officers from HMRC and Trading Standards

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

Present:

From BCP Council:

Tania Jardim– Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Jill Holyoake – 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 Licensing Officer corrected a typographical error in paragraph 3 of the report regarding the date the premises was issued with a premises licence which should read 16 January 2007.

The Sub Committee was asked to consider an application for a review of the premises licence for the premises known as Bargain Convenience Store, 495 Wimborne Road, Bournemouth BH9 2AW, submitted by Dorset Police on 15 August 2022, on the grounds that the premises was not upholding the prevention of crime and disorder licensing objective.

One representation in support of the review from one ‘other person’ had been received during the consultation period. Following the submission of a survey and recommendations in relation to the premises’ operation, undertaken by Mr David Ramsay, under instruction from the premises licence holder, Dorset Police had confirmed that it maintains its original position.

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

Louise Busfield – Dorset Police Licensing Team

Mr David Ramsay - Legal representative for the current Premises Licence Holder

Mr Ali Zmnako – Premises Licence Holder

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. Before concluding the hearing, the Legal Advisor advised all parties of the right of appeal.

RESOLVED that having considered the application to review the premises licence for Bargain Convenience Store, 495 Wimborne Road, Bournemouth BH9 2AW, the Sub Committee has decided to revoke the premises licence on the grounds that the premises are not upholding the prevention of crime and disorder Licensing Objective. 

Reason 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 and appendices for Agenda Item 5, in particular the written evidence provided by Dorset Police in support of the application for review and the verbal submissions made at the hearing by Ms Louise Busfield on behalf of Dorset Police Licensing, by Mr David Ramsay, licensing representative for Mr Ali Zmnako, the Premises Licence Holder, and by Mr Zmnako himself and the responses given to all questions asked at the hearing.

In determining the review, the Sub Committee considered the options available as set out in the recommendations of the report and the Licensing Act 2003. The Sub Committee shared the view of Dorset Police that none of the other available options would address the reasons for the review  ...  view the full minutes text for item 72.

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.

An application to become a Public Carriage Driver has been received by the Licensing Office.

The Licensing Sub-Committee is asked to determine whether the applicant is considered a ‘fit and proper’ person to hold a Public Carriage driver’s licence.

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).

Attendance:

From BCP Council:

Ellie King and Trudi Barlow – Licensing Officers

Linda Cole – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

The Driver was also in attendance, accompanied by a member of BCP Taxi and Private Hire Association in a non-participatory role.

The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all participating parties.

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 driver remained a ‘fit and proper’ person to hold a Hackney Carriage and Private Hire Driver’s licence. The driver addressed the Sub Committee to present his case.

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

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 written report of the Licensing Officer and the supporting information provided by the driver and the verbal submissions and responses to questions provided at the hearing by all parties and having regard to the BCP Hackney Carriage and Private Hire Driver Policy and the relevant guidance documents issued by the Institute of Licensing (IOL) and the Department of Transport, the Sub-Committee has decided that the driver remains a ‘fit and proper’ person to hold a Hackney Carriage and Private Hire Drivers Licence.

Reason for Decision:

In making its decision, the Sub-Committee considered all the information presented and listened to the answers the driver provided to the questions members asked.

Having considered and noted all the circumstances of the case, as detailed in the exempt version of these minutes, on balance the Sub Committee finds the driver to be a fit and proper person. The Sub-Committee is happy to give the driver a fresh start and hopes that he uses it wisely

Voting – Unanimous