Agenda item

Dorset Police has made an application to review the premises licence for Havana Wine Bar, 61 Charminster Road, Bournemouth, BH8 8UE, in relation to concerns that the premises is not upholding the prevention of crime and disorder licensing objective.

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

Present:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk 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 Dorset Police to review the premises licence for ‘Havana Wine Bar’, 61 Charminster Road, Bournemouth, BH8 8UE, in relation to concerns that the premises was not upholding the prevention of crime and disorder licensing objective.

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

Sergeant Gareth Gosling – representing the Applicant, Dorset Police

Louise Busfield – Dorset Police, Drug and Alcohol Harm Reduction Team (observing)

Philip Day, Laceys Solicitors – Acting on behalf of Mr Tarek Halabi, Premises Licence Holder

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, submitted by Dorset Police under Section 51 of the Licensing Act 2003, for the premises known as ‘Havana Wine Bar’, 61 Charminster Road, Bournemouth, BH8 8UE, received by the Licensing Authority on the 22nd of December 2022, in relation to the prevention of crime and disorder licensing objective, the Sub-Committee has decided to leave the licence in its current state, that being the licence that was amended via a minor variation on 11 February 2023.

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 and appendices for Agenda Item 6, in particular the written evidence provided by Dorset Police in support of the application for review and the verbal submissions made at the hearing by Sergeant Gosling on behalf of Dorset Police, by Mr Philp Day, Laceys Solicitors, acting on behalf of Mr Tarek Halabi, the Premises Licence Holder and the responses given to all questions asked at the hearing.

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.

The Sub-Committee heard from Sergeant Gosling that more recently, there had been a period of significant crime and disorder and violence associated with ‘Havana Wine Bar’, which in the past had generally operated well. Sergeant Gosling informed the Sub-Committee that since Dorset Police had submitted its application for review, a significant amount of communication had taken place between Dorset Police and Mr Day on behalf of the Premises Licence Holder, to find a way forward and agree conditions, which would promote the prevention of the crime and disorder licensing objective.

Mr Philip Day, Solicitor, representing the Premises Licence Holder, had informed the Sub-Committee that following mediation with Dorset Police, the Premises Licence Holder had applied for a minor variation of the Premises Licence, as shown at Appendix 1 of the Report, and that the minor variation with a slight reduction in hours and newly attached conditions sought to ‘tidy up’ the licence and comply with the requests made by Dorset Police. The application for a minor variation took effect on 11 February 2023.

Sergeant Gosling confirmed that the concerns raised by Dorset Police had been met by the amended premises licence. The only point not agreed was a last entry time. The Premise Licence Holder had proposed a last entry time of 03:30hrs and Dorset Police would have preferred an earlier time of 03:00hrs, however, Dorset Police were prepared to accept a last entry time of 03:30hrs and will continue to monitor the premises going forward. The Licensing Sub-Committee was satisfied that Dorset Police would continue to monitor the premises and that Dorset Police had opened an additional line of communication for neighbours, through a local resident’s group, who have been encouraged to report any ongoing issues.

The Sub-Committee was grateful for the discussions that had taken place between Dorset Police and the Premises prior to the hearing and felt that the conditions covered by the minor variation were very comprehensive. Given that the minor variation had already taken effect and the concerns of Dorset Police had been met, the Sub-Committee determined that no further action needed to be taken. The Sub-Committee was assured that the Premise Licence Holder had learned his lesson and was satisfied that if the Premises operated in accordance with the conditions now on the premises licence and as described at the hearing, that the premises should not undermine the licensing objectives and could operate in a safe and compliant manor.

It was noted that a further review of the premises licence could be applied for at any time by a Responsible Authority or any other person should there be any issues associated with the premises in the future that undermined the licensing objectives.

In making this decision the Sub-Committee have had regard to the Bournemouth, Christchurch and Poole Council Licensing Policy, the revised guidance, as set out by the Secretary of State and the licensing objectives, as set out in the Licensing Act 2003.

Right of appeal

An appeal against the review decision may be made to a Magistrates Court within 21 days of the appellant being notified of the Licensing Authority’s determination on the review. An appeal may be made by the premises licence holder, the Chief Officer of Police and/or any interested person who made relevant representations.

Voting: Unanimous