Agenda and minutes

To elect a Chair 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.

Voting: Unanimous

To receive any apologies for absence from Members.

Apologies were received from Cllr George Farquhar.

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 was noted.

The premises known as ‘Chicken Cottage’ has applied to vary its premises licence.

This matter is brought before the Sub-Committee for determination

Ellie King – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Sinead O’Callaghan – Clerk to the Sub-Committee

Andy McDiarmid – Legal Advisor, observing

Cllr A Keddie - Observing

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 Sub-Committee was asked to consider an application made by Chicken Cottage to vary the premises licence to extend the licensable hours for the provision of late-night refreshment.

The application received 2 representations, 1 from BCP Councils’ Environmental Health team and the other from a local resident, on the grounds that to grant the application would undermine the prevention of public nuisance licensing objective.

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

For the Applicant:

Garip Ozcan – Premises Licence Holder

Dhruti Thakkar

Objectors:

Paul Barker – Environmental Health

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

RESOLVED that the application to vary the Premises Licence for the premises known as ‘Chicken Cottage’, 196- 198 Alma Road, Bournemouth, BH9 1AJ, to extend the licensable hours for the provision of late-night refreshment, be REFUSED.

Reasons for Decision:

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the Hearing as contained in the Licensing Officer’s report for Agenda Item 5, including the details provided by the applicant in their application and the written representations made in objection to the application from Environmental Health and one other person on the grounds that to grant the application will undermine the licensing objective of the prevention of public nuisance.

The Sub-Committee also considered the verbal submissions presented at the Hearing by those in attendance, including Ms Ellie King, the Licensing Officer, Mr Garip Ozcan, the applicant, Ms Dhruti Thakkar, who attended in support of the applicant, Mr Paul Barker, Environmental Health Officer, and Mr Mark Montgomery, a neighbouring resident. Both Mr Barker and Mr Montgomery had submitted objections to the application.

The Sub-Committee noted that the application was prompted by a complaint that the premises had been operating beyond their permitted hours. A visit was made by the Licensing Authority on 8 May 2025 to investigate and provide guidance on the process to vary a licence. During the visit, Mr Ozcan was informed that Environmental Health continued to receive complaints about noise from the premises beyond the licensable hours of 12.30am. Mr Ozcan maintained that the premises closed by 12:30am each night.

The Sub Committee was mindful that Environmental Health  ...  view the full minutes text for item 30.

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.

To consider the suitability of a new driver applicant to become a licenced driver.

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

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).

Present:

From BCP Council:

Wesley Freeman – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Sinead O’Callaghan – Clerk to the Sub-Committee

Andy McDiarmid – Legal Advisor, observing

Cllr Alasdair Keddie - Observing

The applicant driver was in attendance.

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

The Licensing Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

The Sub Committee was asked to consider whether the applicant was deemed to be a ‘fit and proper’ person to allow them to continue with their application to hold a Public Carriage Drivers Licence for BCP Council.

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 Council’s Legal Advisor advised all parties of the right of appeal.

The Sub-Committee RESOLVED that the applicant driver is a ‘fit and proper person’ to continue with his application to hold a Hackney Carriage or Private Hire Driver’s Licence.

Reason for the decision

The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the report for Agenda Item 6, along with the verbal submissions made at the Hearing by the applicant driver and the Licensing Officer.

In considering the test of a ‘fit and proper person’, the Sub-Committee also had regard to section 8 of BCP Council’s Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the Hackney and Private Hire Trades (2018) and paragraph 3 of the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).

The Sub-Committee noted that the applicant driver had previously had a licence revoked in 2021, but that no further action had been taken by the police regarding the incident brought to the Licensing Authority’s attention, and that the complainant had withdrawn from the process. The applicant driver stated that he had not been contacted by the police and had not been subject to any further investigation or charges.

The Sub-Committee found the applicant driver to be open and reflective during the hearing. He explained that he had learned from past experiences and that the situation had provided him with important life lessons. He is aware he should not become overly friendly with customers and now would solely focus on his family and his  ...  view the full minutes text for item 32.