Agenda and minutes

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

RESOLVED that Councillor David Kelsey be elected Chairman of the Sub-Committee for the duration of the meeting.

Voting: Unanimous

To receive any apologies for absence from Members.

Apologies for absence were received from Cllrs Judes Butt and Norman Decent.

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.

An application has been received for a new premises licence for the premises known as ‘Seaside Mini Market’, 18 Westover Road, Bournemouth, BH1 1PE.

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

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 Licensing Officer advised that the premises had changed its name from ‘Seaside Mini Market’ to ‘Seafront Mini Market’.

The Sub Committee was asked to consider an application for a new premises licence for the premises known as ‘Seafront Mini Market’, 18 Westover Road, Bournemouth, BH1 1PE.

The Licensing Authority received 11 representations from other persons in objection to the application on the grounds that to grant the application would undermine the prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm licensing objectives. Representation in objection to the application was also received from Dorset Police on the grounds of Prevention of Crime and Disorder and Public Safety.

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

Tom Hollington – Agent on behalf of the Applicant

Elina Kadir - Applicant

Louise Busfield – Dorset Police Licensing Team, Objector

Catherine Gosney - (Roberta Boutique), Objector

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 the application for a premises licence at the premises known as ‘Seaside Mini Market’, now known as ‘Seafront Mini Market’ 18 Westover Road, Bournemouth to permit the off sale of alcohol between the hours of 08:00 to 03:00 Monday to Sunday, dated 17 August 2022, be REFUSED.

Reason for Decision

The Sub-Committee considered all of the information which had been submitted before the hearing and contained in the report for Agenda Item 5, in particular the written representations made by 11 other persons in objection to the application and the witness statement made by Sgt Scott Janes. They also considered the verbal submissions made at the hearing by the Licensing Officer, Tania Jardim, Mr Tom Hollington, the agent on behalf of the Applicant, Ms Elina Kadir, the applicant, Louise Busfield on behalf of Dorset Police and Ms Catherine Gosney on behalf of Roberta Boutique, both objecting.

The Sub-Committee also considered the responses given to all the questions asked at the hearing.

The Sub-Committee considered the concerns raised by Dorset Police regarding the location of the premises in Bournemouth Town Centre, in an area that already experienced a disproportionate number of street drinkers and suffered anti-social behaviour and crime and disorder, which already negatively impacted the local community and the business  ...  view the full minutes text for item 78.

A protocol for public speaking at formal ‘in person’ meetings of the Licensing Sub Committee is included with the agenda sheet for this meeting.

The Protocol for Public Speaking at Meetings was noted.

Hampshire Restaurants Ltd have applied for the renewal of the licence to use the premises as a sexual entertainment venue, providing relevant entertainment, for a further twelve-month period.

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

Present:

From BCP Council:

Sarah Rogers, Senior Licensing Officer

Michelle Cutler, Clerk to the Sub-Committee

Joe Cannon – Barrister, Legal Advisor 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 made by Hampshire Restaurants Limited for the renewal of the licence to use the premises as a sexual entertainment venue, providing relevant entertainment, for a further twelve-month period.

The Licensing Authority 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:

For the Applicant:

Julia Palmer - Solicitor, JCP Law, representing the Applicant

Mrs Alex Ivins - the Applicant

Mr Glen Nice – Consultant for the Applicant

The 2 persons objecting were not in attendance.

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

Decision

The Sub-Committee heard from the Licensing Officer, Sarah Rogers, and from Julia Palmer on behalf of the Applicant, who spoke to her written submissions. It was noted that she addressed a number of the points raised by those objecting in her written submissions, and orally, including a number of ways in which the matters raised by those objecting had been acknowledged and addressed. In particular she confirmed that it would be a condition of the licence, if renewed, that CCTV images would be made available to the police upon request. She also confirmed that the work to refurbish the facade of the premises had been done.

Objector 1 was not present, having sent apologies in advance. The Sub-Committee took account of her written objection and put a number of the points raised in it to the Applicant via Ms Palmer. Objector 2 was not present either, having sent apologies shortly before the start of the hearing and again, the Sub-Committee took full account of the contents of her objection.

The Sub-Committee agreed that section 10 of the SEV Policy applied to these premises, as an ‘existing licence’ named in the Policy. Because objections had been received, the application was considered in light of the relevant legislation, and in particular paragraph 12(3)(d) of the 1976 Act. No objection raised any matter going to any of the other potentially relevant sections.

In respect of the character of the locality, the Sub-Committee accepted that it had not changed materially since the previous renewal, or indeed for some years, and agreed that it was one of the principal locations within the area for the night-time economy. There had been no substantial changes  ...  view the full minutes text for item 80.