Agenda and draft minutes

To elect a Chair 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.

An apology for absence was received from Councillor Sidaway, Cllr Chapmanlaw stepped up as 1st reserve to sit on the Sub-Committee.

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 of interest.

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

The protocol for public speaking was noted.

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.’

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.

To consider the suitability of a new driver applicant to become a licenced driver.

This matter is brought before the Sub-Committee for determination.

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).

Present: From BCP Council:

Michelle Fletcher – Licensing Officer

Johanne McNamara – Legal Adviser to the Sub-Committee

Nananka Randle – Licensing Manager (present on Microsoft Teams)

Sarah Rogers – Senior Licensing Officer

Michelle Cutler – Clerk to the Sub Committee

Rebekah Rhodes – Democratic Services, providing technical assistance

Christiane Tan – Democratic Services – Observing for training purposes

Cllrs Bartlett, Canavan, Farquhar and Richardson – Observing for training purposes

The applicant driver was in attendance, with a friend for support.

Prior to the start the hearing, the applicant driver advised that he had not been able to open the email attachment, which contained a copy of the agenda, report and appendices. The applicant driver was provided with a hard copy of all paperwork.

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

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.

The Sub Committee was asked to consider whether the applicant was deemed to be a ‘fit and proper’ person to allow them to continue with their application to hold a Public Carriage Drivers Licence for BCP Council.

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 Council’s Legal Advisor advised all parties of the right of appeal.

The Sub-Committee RESOLVED that the applicant driver is not a ‘fit and proper person’ to continue with his application to hold a Hackney Carriage or Private Hire Driver’s Licence.

Reason for Decision: 

The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the report for Agenda Item 6, along with the verbal submissions made at the Hearing by the applicant driver, his friend in support of his application and Michelle Fletcher, Licensing Officer. 

In considering the test of a ‘fit and proper person’, the Sub-Committee also had regard to the BCP Council’s Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the Hackney and Private Hire Trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022). 

In making its decision the Sub-Committee considered the evidence submitted by various statutory agencies including Dorset Police, Adult Social Care and Licensing Officers.

The Sub-Committee was of the view that the applicant driver had previously  ...  view the full minutes text for item 24.

The premises known as ‘Christchurch Harbour Kitchen Ltd’ have applied for a premises licence to permit recorded music and the supply of alcohol.

This matter is brought before the Sub-Committee for determination.

Present:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Rebekah Rhodes – Democratic Services, providing technical assistance

Christiane Tan – Democratic Services – Observing for training purposes

Cllrs Bartlett, Canavan and Farquhar– Observing for training purposes

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 ‘B’ to these minutes in the Minute Book. The Licensing Sub-Committee was asked to consider an application made by Christchurch Harbour Kitchen Ltd for a premises licence to permit recorded music and the supply of alcohol. The application received 37 representations from other persons on the grounds that to grant the application would undermine the licensing objectives of the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm. Dorset Police and Environmental Health mediated with the applicant and had agreed additional conditions.

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

For the Applicant:

Mr Paul Trickett

Mrs Ginny Trickett

Objecting:

Mr Richard Slater – The Beach House, Mudeford Spit

Ms Claire Bath - Deputy Chair of Mudeford Sandbank Beach Hut Association

Councillor Judy Richardson - East Southbourne and Tuckson Ward Councillor

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 application for a new premises licence for the premises known as ‘Christchurch Harbour Kitchen’, Mudeford Sandbank, Christchurch, BH4 4EW, to permit recorded music and the supply of alcohol, be REFUSED. 

Reasons for Decision: 

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the Hearing as contained in the Licensing Officer’s report for Agenda Item 7, including the details provided by the applicant in their application and the written representations made in objection to the application from 37 other persons on the grounds that to grant the application will undermine the licensing objectives of the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm.  

The Sub-Committee also considered the verbal submissions made at the Hearing by those in attendance, Mrs Sarah Rogers, Principal Licensing Officer, Mr Paul Trickett and Mrs Ginny Trickett, the applicants, and Mr Richard Slater, the Beach House, Mudeford Spit, Ms Claire Bath, Deputy Chair of Mudeford Sandbank Beach Hut Association and Cllr Judy Richardson, East Southbourne and Tuckson Ward Councillor, who had all made objections to the application. 

The Sub-Committee was mindful that Dorset Police had mediated conditions with the applicant and agreed  ...  view the full minutes text for item 25.