Agenda and draft minutes

To elect a Chairman 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.

There were no apologies received on this occasion. 

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 received on this occasion.

An application has been received for a new Premises Licence for the premises known as ‘Fox Café’, Redhill Avenue. This matter is brought before the Licensing Sub-Committee for determination.

The Chairman explained the protocol detailing the procedures of the meeting, as attached to the Agenda and asked that it be agreed.  All participating parties agreed the procedure.

Attendance:

From BCP Council:

Trudi Barlow – Licensing Officer

Nananka Randle– Licensing Manager (observing)

Linda Cole – Legal Advisor to the Sub Committee

Nicky Hooley – Democratic Services Officer and Clerk to the Sub Committee

Darren Roser - Applicant BCP Parks

Michael Rowland - Applicant BCP Parks

Gareth Gosling - Responsible Authority Dorset Police

Louise Busfield - Responsible Authority Dorset Police

Councillor Jackie Edwards - representing residents Mrs Summerell and Mrs Skinner.

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.

Councillors were asked to consider an application made by Bournemouth Christchurch and Poole Council Parks Department, for a new premises licence to allow regulated entertainment Monday to Sunday 11:00 to 22:00 hours and the supply of alcohol Monday to Sunday 12:00 to 22:00 hours.

The applicant, Mr Rowland addressed the Sub-Committee.

Councillor Edwards addressed the Sub-Committee, on behalf of two residents, who lived near to the site, who had concerns regarding the application.

The Sub-Committee asked various questions of all parties present at the Hearing. All parties were given the opportunity to ask questions of one another. All parties were then able to sum up before the Sub-Committee retired to make its decision.

Right of Appeal

The Legal Advisor reported that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of this decision in writing.  

It was RESOLVED to grant the application for a premises licence for Fox Café, Redhill Avenue Bournemouth, with conditions as set out in section M of the operating schedule of the application.

In addition the following conditions were added:

a)    The CCTV provision must cover the whole of the licensed area; and

b)    A noise limiter be installed, and a maximum noise level be agreed, in consultation with Pollution Control, for events where amplified music is played. 

Reasons for decision:

The sub-committee were satisfied that the application did not undermine the licensing objectives, and if run in accordance with the operating schedule would not cause noise nuisance or anti-social behaviour to local residents who had raised concerns.

The sub-committee welcomed clarification from the applicant that any drinks supplied to the outdoor area will not be supplied in glass; about the size of the premises and the type of function that may be booked. They noted that no application had been made for supply of alcohol to be consumed off the premises and the applicant was no longer applying to be licensed for indoor sporting events. There is an expectation that any risk assessment undertaken in respect of a pre-booked function will be very thorough and adequate staffing  ...  view the full minutes text for item 144.

In relation to the items of business appearing below, the Committee is asked to consider the following provision and resolution:

Regulation 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, which states that the licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

‘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 ,2 and 7 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 has been received to vary a premises licence at 144 Old Christchurch Road, Bournemouth. This matter is brought before the Licensing Sub-Committee for determination.

This item was restricted by virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

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.

Councillors were asked to consider an application to vary a premises licence, to extend the current permitted hours for late night refreshment and permit deliveries from the premises after certain hours.