Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 20th July, 2022 10.00 am

Venue: Committee Room, First Floor, BCP Civic Centre Annex, St Stephen's Rd, Bournemouth BH2 6LL. View directions

Contact: Michelle Cutler at Email: michelle.cutler@bcpcouncil.go.uk Democratic Services  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

36.

Election of Chair

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

Minutes:

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

 

Voting: Unanimous

 

37.

Apologies

To receive any apologies for absence from Members.

Minutes:

An apology for absence was received from Councillor George Farquhar and Councillor David Kelsey, as a reserve member, assumed the role as a Licensing Sub-Committee member, in his absence.

38.

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.

Minutes:

There were no declarations of interest.

39.

Protocol for Public Speaking at Meetings pdf icon PDF 216 KB

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

 

Minutes:

The Protocol for Public Speaking at Meetings was noted.

40.

Temptation 1 Yelverton Road Bournemouth pdf icon PDF 226 KB

Admiral Bars (Hampshire) Limited 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. A variation to the second-floor plan is also requested in order to bring it in line with the Licensing Act 2003 premises licence plan, which was granted by way of minor variation on 15th April 2022. In addition, the applicant wishes to seek the approval of a new widow display.

 

This matter is brought before the Sub-committee for consideration.

Additional documents:

Minutes:

Present:

From BCP Council:

 

Sarah Rogers,  Senior Licensing Officer

Nananka Randle, Licensing Manager

Michelle Cutler, Clerk to the Sub-Committee

 

Matt Lewin – 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 Admiral Bars (Hampshire) 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. A variation to the second-floor plan was also requested in order to bring it in line with the Licensing Act 2003 premises licence plan, which was granted by way of minor variation on 15th April 2022. In addition, the applicant sought the approval of a new widow display.

 

The Licensing Authority received 4 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:

 

Robert Sutherland, Keystone Law, representing the Applicant

Alastair Weatherstone (Director of Applicant Company)

Objecting:

Susan Stockwell

Cllr Dunlop

Cllr Northover

 

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 licence be renewed and the variation to the layout be granted, but consent for the proposed external display be refused.

 

Reason for Decision

 

1.             On 20 July 2022, a hearing was held to determine an application by Admiral Bars (Hampshire) Ltd (“the Applicant”) for: 

 

a.    the renewal of a Sexual Entertainment Venue (“SEV”) licence at Temptation, 1 Yelverton Road, Bournemouth (“the Venue”), 

 

b.    a variation to the second-floor plan; and 

 

c.     approval of a new external display. 

 

2.             In making the decision, the Sub-Committee have taken into account: 

 

·       the reports pack (which includes the application form and objections) 

·       evidence presented and submissions made by the parties at the hearing 

·       the Council’s Sex Establishment Policy (“the Policy”) and guidance issued by the Home Office 

 

3.             The decision of the Sub-Committee is to renew the licence and grant the variation to the layout, but to refuse consent for the proposed external display.  The reasons for the decision are as follows. 

 

4.             The Venue has operated as a lap dancing club for 17 years, principally as Spearmint Rhino under different ownership.  It has held an SEV licence since 2010.  The licence was last renewed in June 2021.  The licence was transferred to the Applicant in October 2021.  

 

5.             The application was advertised and the Council received objections from five members of the public.  Neither Dorset Police nor any other responsible authority objected to the application.   

 

6.  ...  view the full minutes text for item 40.

41.

Exclusion of Press and Public

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.’

Minutes:

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.

 

42.

Consideration of Suitability for a new Private Hire Driver Applicant

The Sub-Committee is asked to determine whether the applicant is considered a ‘fit and proper’ person to hold a Private Hire Driver’s Licence.

 

Minutes:

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).

 

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

 

Attendance:

 

From BCP Council:

 

Wesley Freemman– Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

 

The Driver was also in attendance.

 

The Licensing Manager 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 decide whether the applicant was a ‘fit and proper’ person to hold a Private Hire Driver’s licence.

 

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 Legal Advisor advised all parties of the right of appeal.

 

RESOLVED that having considered the written report of the Licensing Officer and the verbal submissions and responses to questions provided at the hearing by all parties and having regard to the BCP Hackney Carriage and Private Hire Driver Policy and the relevant guidance documents issued by the Institute of Licensing (IOL) and the Department of Transport, the Sub-Committee have decided that the applicant  is a not a ‘fit and proper’ person to hold a private hire drivers licence at this time.

Reason for the Decision

Section 11.2 of the BCP Taxi policy states that there should be a 3-year period free from convictions from the restoration of the DVLA licence and the Sub-Committee notes the applicants DVLA licence was restored in August 2020, so the 3-year time period falls short of 1 year. The Sub-Committee did not feel that there was any reason present to justify departing from the Policy.

The Sub-Committee also note the guidance issued by the Institute of Licensing ‘Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades’ at section 4.39, which states that Hackney carriage and private hire drivers are professional drivers charged with the responsibility of carrying the public. Any motoring conviction demonstrates a lack of professionalism and will be considered seriously. It is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the grant of a licence or may not result in action against an existing licence. However, subsequent convictions reinforce the fact that the licensee does not take their professional responsibilities seriously and is therefore not a safe and suitable person to be granted a licence or retain a licence.

Right of Appeal

 

All parties to the application have the right to Appeal to the Magistrates Court within the period of  ...  view the full minutes text for item 42.