Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 17th January, 2024 10.00 am

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

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

Media

Items
No. Item

76.

Election of Chair

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

Minutes:

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

 

Voting: Unanimous

 

77.

Apologies

To receive any apologies for absence from Members.

Minutes:

There were no apologies for absence.

78.

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.

79.

Protocol for Public Speaking at Licensing Hearings pdf icon PDF 211 KB

The protocol for public speaking at Licensing Sub Committee hearings is included with the agenda sheet for noting.

Minutes:

The protocol for public speaking was noted.

80.

Swan Inn, Unit B & Unit C 29 Old Orchard, Poole BH15 1SD

The Licensing Authority has received an application for a new premises licence for the premises known as Swan Inn, Unit B & Unit C, 29 Old Orchard, Poole BH15 1SD.

 

The Sub Committee is asked to adjourn this hearing until 22 January 2023 in accordance with Regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005 as necessary for its consideration of any representations or notice made by a party.

 

Minutes:

The Sub-Committee received a request to adjourn this hearing until 22 January 2024 in accordance with regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005 as necessary for its consideration of any representations or notice made by a party.

 

RESOLVED that this hearing be adjourned until 22 January 2024

 

Decision: unanimous

81.

Swan In Food and Wine Ltd, Unit A, 29 Old Orchard, Poole BH15 1SD

The Licensing Authority has received an application for a new premises licence for the premises known as Swan In Food and Wine Ltd, Unit A, 29 Old Orchard, Poole BH15 1SD.

 

The Sub Committee is asked to adjourn this hearing until 22 January 2023 in accordance with Regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005 as necessary for its consideration of any representations or notice made by a party.

 

Minutes:

The Sub-Committee received a request to adjourn this hearing until 22 January 2024 in accordance with regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005 as necessary for its consideration of any representations or notice made by a party.

 

RESOLVED that this hearing be adjourned until 22 January 2024

 

Decision: unanimous

82.

Highcliffe Sports and Social Club, 387 Lymington Road, Christchurch BH23 5EG

The Licensing Authority has received an application to review the club premises certificate for the premises known as Highcliffe Sports and Social Club, 387 Lymington Road, Christchurch BH23 5EG.

 

The Sub Committee is asked to adjourn this hearing until 31 January 2023 in accordance with Regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005 as necessary for its consideration of any representations or notice made by a party.

 

 

Minutes:

The Sub-Committee received a request to adjourn this hearing until 22 January 2024 in accordance with regulation 12 of the Licensing Act 2003 (Hearings) Regulations 2005 as necessary for its consideration of any representations or notice made by a party.

 

RESOLVED that this hearing be adjourned until 22 January 2024

 

Decision: unanimous

83.

Application for Review of Premises Licence at Bargain Convenience Store, 495 Wimborne Road, Bournemouth, BH9 2AW pdf icon PDF 152 KB

The Licensing Authority has received an application to review the premises licence for the premises known as Bargain Convenience Store, 495 Wimborne Road, Bournemouth BH9 2AW.

 

This matter is brought before the Sub Committee for determination.

 

Additional documents:

Minutes:

Attendance:

From BCP Council:

 

Tania Jardim – Licensing Officer

Linda Cole – Legal Adviser to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Cllr Chapmanlaw (Observing remotely)

 

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 has 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 for a review of the premises licence for the premises known as ‘Bargain Convenience Store’, 459 Wimborne Road, Bournemouth, BH9 2AW. The application for review had been submitted by Dorset Police following two serious incidents which undermined the public safety and protection of children from harm licensing objectives. The review related to concerns that the premises were not upholding the licensing objectives of crime and disorder and protection of children from harm and that Dorset police no longer had confidence in the premises Licence holder/DPS.

 

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

 

Ms Louise Busfield – Dorset Police, the applicant

Sargeant Gareth Gosling, Dorset Police, the applicant

Mr Philip Day –Lacey’s Solicitors, Solicitor representing the premises

Mr Warrener – Lacey’s Solicitors (observing)

Mr Alo Rashid Zmnako – Premises Licence Holder

Mr Karem – friend of Mr Zmnako

 

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 having considered the application to review the premises licence for the Premises known as ‘Bargain Convenience Store’, 495 Wimborne Road Bournemouth the Sub-Committee has decided to suspend the licence for a period of 1 month and modify the conditions of the licence as follows:

 

      I.         All staff working at the premises must undertake conflict management training.

    II.         A Personal Licence Holder must always be present on the premises at times that licensable activities are taking place.

 

Reasons for Decision

 

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the report for Agenda Item 8, in particular the application for review made by Dorset Police, the email chain between  Mr Philip Day, licensing representative for Mr Zmnako, the Premises Licence Holder and Sergeant Gosling and the verbal submissions made at the hearing by Ms Louise Busfield and Sergeant Gareth Gosling on behalf of Dorset Police and by Mr Philip Day, on behalf of Mr Zmnako, and the responses to questions given at the hearing by all parties.

 

In determining the review, the Sub-Committee considered the options available as set out in the recommendations of the report and the Licensing Act 2003 and acknowledged that it was only able to take into account  ...  view the full minutes text for item 83.

84.

Review of Nala Tapas & Cocktail Lounge, 135-137 West Hill Road, Bournemouth, BH2 5EG pdf icon PDF 243 KB

The Licensing Authority has received an application to review the premises licence for the premises known as Nala Tapas and Cocktail Lounge, 134 – 137 West Hill Road, Bournemouth BH2 5EG.

 

This matter is brought before the Sub Committee for determination.

 

 

Additional documents:

Minutes:

The Sub-Committee received a request from Mr Philip Day, Lacey’s Solicitor’s, representing ‘Nala Tapas & Cocktail Lounge’ to adjourn this hearing until 24 January 2024.

 

Mr Day advised the Sub-Committee that mediation had taken place, which had resulted in an application being made for a new premises licence, which was being heard on 24 January 2024. If the new premises licence was granted, then the existing licence for ‘Nala Tapas & Cocktail Lounge’ would be surrendered and the application for review would become redundant.

 

The Licensing Sub-Committee agreed to Mr Day’s request for an adjournment.

 

RESOLVED that this hearing be adjourned until 22 January 2024

 

Decision: unanimous