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Election of Chairman
To elect a Chairman of this meeting of the Licensing Sub-Committee.
RESOLVED that Councillor D Flagg be elected Chairman of the Sub-Committee for the duration of the meeting.
To receive any apologies for absence from Members.
There were no apologies for absence on this occasion.
Declarations of Interests
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.
For transparency Councillor G Farquhar declared that Agenda Item 5 concerned a premises in his Ward. In relation to this Councillor Farquhar advised that he had not had any prior discussions with any party regarding the matter.
There were no other declarations of disclosable pecuniary interest or other interests.
Exclusion of Press and Public
In relation to the item of business appearing below, the Sub 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 item of business on the grounds that it involves 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.
Application for the Expedited Review of Premises Licence - Bar 7, 702 Christchurch Road, Bournemouth, BH7 6BY
To consider an application by Dorset Police for an expedited review of the premises licence, following the implementation of interim steps to suspend the licence and remove the designated premises supervisor, and determine whether the interim steps should be withdrawn or modified.
From BCP Council:
Sarah Rogers – Senior Licensing Officer
Nananka Randle – Licensing Manager
Johanne McNamara – Senior Solicitor
Sarah Culwick – Democratic Services Team Lead
On behalf of Dorset Police:
Sergeant Gareth Gosling – Drug and Alcohol Harm Reduction Team
Louise Busfield – Licensing Officer
The Chairman opened the meeting, made introductions and explained the procedure for the hearing, to which all parties agreed. The Sub-Committee were asked to consider an application by Dorset Police for an expedited review of the premises licence for Bar 7, 702 Christchurch Road, following the implementation of interim steps to suspend the licence and remove the designated premises supervisor, and to determine whether the interim steps should be withdrawn or modified.
The Sub-Committee were advised that the licence holder had indicated that they would be surrendering the licence, although formal notification had yet to be received.
Further to the report circulated within the agenda the Sub-Committee were provided with a copy of the following further evidence from Dorset Police:
· Witness Statement from Louise Busfield, Police Licensing Officer
Sergeant Gosling and Ms Busfield responded to questions from the Sub-Committee and the Legal Advisor to the Sub-Committee in relation to the evidence presented, before the Sub-Committee retired to make its decision.
RESOLVED that having considered the revised information from Dorset Police and the Licensing Team and the Licence Holders indication to surrender the licence in these circumstances the Committee consider this is insufficient for these premises. Having considered the written and verbal representations from Dorset Police in relation to its application for an expedited review and the certificate under section 53A 1 (b) of the Licensing Act 2003, the Sub-Committee confirm the removal of the designated premises supervisor from the licence, and that the suspension is now upgraded to revocation on the grounds of public safety and the prevention of crime and disorder.
Reasons for Decision:
The Sub-Committee felt it necessary to revoke the premises licence due to the consistent failure to adhere to the conditions of the licence despite continuous help from the Police and Licensing Authority. The Sub-Committee has no confidence that the premises is able to operate in accordance with the licensing objectives.
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 the decision in writing.