Agenda and minutes

Licensing Sub-Committee
Tuesday, 23rd July, 2019 10.00 am

Venue: Committee Suite, Civic Centre, Poole BH15 2RU. View directions

Contact: Nicky Hooley - 01202 795265  Email: nicky.hooley@bcpcouncil.gov.uk

Items
No. Item

19.

Election of Chairman

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

Minutes:

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

Voting: Unanimous

 

20.

Apologies

To receive any apologies for absence from Members.

Minutes:

There were no apologies for absence on this occasion.

 

21.

Declarations of Interests

Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests. Declarations received will be reported at the meeting.

Minutes:

There were no declarations of interest made on this occasion.

22.

The Kitchen, Poole Park pdf icon PDF 7 MB

An application has been received for the granting of a Premises Licence for the premises known as The Kitchen.  Following receipt of representations this matter is brought before the Licensing Committee for determination.

Minutes:

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

The Licensing Act 2003 requires the council as the Licensing Authority to issue premises licences. Where there are representations to an application for premises licence the council must hold a hearing to consider those representations and decide whether to grant a premises licence under the Licencing Act 2003.

The Sub-Committee were asked to consider the Premises License to licence the entire building, including the first floor as set out within the report.

The Licensing Manager presented a report, which summarised the details of the application, as set out in Agenda Item 4, a copy of which had been circulated to each Member of the Sub-Committee and a copy of which appears as Appendix ‘A’ to these Minutes in the Minute Book.

The Sub Committee were advised that the applicant already benefited from a Premises Licence for the ground floor and external areas.

The application had resulted in representations from 16 other persons under some or all of the prevention of public nuisance, the prevention of crime and disorder, public safety and the prevention of children from harm licensing objectives.

The following persons attended the Sub Committee and gave verbal evidence based on their written submissions:

On behalf of the Applicant:

  • Philip Day – Solicitor representing the applicant South Coast Caterers

In objection local residents:

  • Dr M Gundy
  • Mr Lance
  • Mr J Heskins
  • Ms J Vegh
  • Ms J Clark
  • Ms S Hudson

Councillors asked questions of those making representations and heard details of the CCTV and fire regulations including the maximum numbers. All parties were then able to sum up before the Sub-Committee retired to make their deliberations.

Members considered all of the evidence placed before them and reached a decision.

It was RESOLVED that:-

the licence be granted as applied for, subject to the conditions as set out within the report, and with the following additional conditions;

(a)            The previous licence for the ground floor be surrendered prior to the new licence taking effect; and

(b)            The condition relating to the retention of CCTV recordings being amended to require the retention of recordings for 31 days (and not 14 as set out).

Reasons for Decision

The Sub-Committee gave detailed consideration to the written evidence that had been submitted before the hearing, along with the verbal submissions made at the hearing. They took account of the Statement of Licensing Policy, The Licensing Act 2003 and the Statutory Guidance.

The Sub-Committee recognised that no representations had been made by any Responsible Authority.

The Sub-Committee were satisfied that the Applicant had experience in managing licensed premises and noted that the premises had been operating successfully for a long period of time.

They were satisfied that the premises if operated as outlined in the application should not undermine the Licensing Objectives.

The Chairman advised all parties that any persons aggrieved by the decision would have the right of appeal to the Magistrates Court, and any such appeal should be lodged  ...  view the full minutes text for item 22.

23.

Black Sea Supermarket 282 Old Christchurch Road pdf icon PDF 1 MB

John Gaunt & Partners representing Danuba River Limited have made an application for a New Premises Licence to allow the off sale of alcohol between 09:00 to 22:00 hours daily.

Minutes:

The Chairman explained the procedure for the hearing.

The Licensing Act 2003 requires the council as the Licensing Authority to issue premises licences. Where there are representations to an application for premises licence the council must hold a hearing to consider those representations and decide whether to grant a premises licence under the Licencing Act 2003.

The Sub-Committee were asked to consider the granting of a Premises License to allow the sale of alcohol between 09:00 to 22:00 hours daily.

The Licensing Manager presented a report, which summarised the details of the application, as set out in Agenda Item 5, a copy of which had been circulated to each Member of the Sub-Committee and a copy of which appears as Appendix ‘B’ to these Minutes in the Minute Book.

The Sub-Committee were advised that representations had been received from Dorset Police in respect of this application under the public safety and the prevention of crime and disorder citing that the awarding of a licence would give rise to negative cumulative impact as the premises are located within the Bournemouth Cumulative Impact area.

In addition the Sub-Committee were advised that 18 letters of support had been received (in email format) from customers stating that they used the shop regularly and wished to be able to purchase alcohol from their own country at the Black Sea Supermarket.

The following persons attended the Sub Committee and gave verbal evidence based on their written submissions:

On behalf of the Applicant:

  • Mr John Worsgrove – Solicitor from John Gaunt & Partners representing the applicant Danube River Limited
  • Mr Sukru and Mr Iliyas - Directors of Danube River Limited

In objection, representatives from the Dorset Police, Drug and Alcohol Harm Reduction Team:

  • Sergeant Gareth Gosling
  • Sarah Dutton

During the evidence presented Dorset Police sought agreement to show CCTV footage of anti-social behaviour in close proximity to the application location to support their evidence of concerns in relation to the cumulative impact. The Sub-Committee moved into exempt session in order to view the CCTV footage and the press and public were excluded during this time. The meeting moved back into open session as soon as the footage had been shown.

Councillors asked questions of those making representations and heard details of the proposed conditions the applicant put forward in an attempt to prevent against adding to the cumulative impact. All parties were then able to sum up before the Sub-Committee retired to make their deliberations.

Members considered all of the evidence placed before them and reached a decision.

It was RESOLVED that the application for a premises licence be refused.

Reason for Decision

The Sub-Committee gave detailed consideration to the written evidence that had been submitted before the hearing, along with the verbal submissions made at the hearing. They took account of the Statement of Licensing Policy, The Licensing Act 2003 and the Statutory Guidance.

The Sub-Committee were mindful that the premises were situated within the Bournemouth Cumulative Impact Area.

It was the view of the Sub-Committee that  ...  view the full minutes text for item 23.

24.

Coffee Lab 10 Exeter Road pdf icon PDF 1 MB

Coffee Lab Bournemouth Limited have made application for a new Premises Licence to allow the on sale of alcohol Sunday to Thursday 10:00 to 21 :00, Friday and Saturday 10:00 to 23:00 hours. Live Music 17:00 to 21 :00 hours daily.

Minutes:

The Chairman advised that the application had been withdrawn.

 

25.

Exclusion of the Press and Public

Items in this part of the Agenda are exempt from disclosure prior to consideration by the Committee and the press and public may be excluded from the meeting while the items are discussed. Whether the items remain exempt after the meeting will be reviewed in light of the public interest test.

RECOMMENDED that in view of the nature of the business to be transacted it is likely that if members of the public were present during the following item there would be disclosure to them of ‘exempt information’ as described in the category indicated and they be therefore excluded from the meeting in accordance with Section 100A (4) of the Local Government Act 1972.

Minutes:

RESOLVED that in view of the nature of the business to be transacted it is likely that if members of the public were present during the following item there would be disclosure of ‘exempt information’ as described in the category indicated and they be therefore excluded from the meeting in accordance with Section 100(A) of the Local Government Act 1972.

 

26.

Private Hire Driver Licence Application

An application has been received for a private hire driver’s licence and the DBS certificate has disclosed a conviction.  dated 5th February 2010 for 2 offences committed on the 26th September 2008, for possessing a class A drug with intent to supply.

The Licensing Sub-Committee are asked to consider whether in determining if the applicant is a fit and proper person that they cannot do justice to the case except by admitting or requiring evidence of the spent conviction. 

Minutes:

Exempt Information – Category 1 (Information relating to any individual) and Category 2 (Information which is likely to reveal the identity of an individual)

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

The Sub-Committee were advised that an application had been received for a private hire driver’s licence and that the DBS certificate had disclosed a conviction dated 5th February 2010 for 2 offences committed on the 26th September 2008, for possessing a class A drug with intent to supply.

The Licensing Sub-Committee were requested to consider whether in determining if the applicant is a fit and proper person that they cannot do justice to the case except by admitting or requiring evidence of the spent conviction

RESOLVED that the Sub-Committee agreed that more information of the conviction is required to be presented to them in a licensing hearing to enable justice to be done to the application.

Voting: Unanimous