Agenda item

An application has been made by Dorset Police to review the premises licence for the premises known as ‘More the Merrier’, 68 Kimberley Road, Bournemouth, on the grounds that Dorset Police do not consider the premises to be promoting the Licensing Objective of the Prevention of Crime and Disorder.

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

Present:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Mary Almeida – Legal Advisor to the Sub-Committee

Sarah Culwick – 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 license for More the Merrier, 68 Kimberley Road, Bournemouth, 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
• Byron Sims, Laceys Solicitors – acting on behalf of the Premises Licence Holder.
• Esra Oksuz – Premises License Holder and DPS
• Muzaffer Oksuz

The Chair confirmed that the Sub-Committee had received a supplementary document on 26 April 2023 from Dorset Police.

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: -

1.     The Licensing Sub-Committee noted the application by Dorset Police for a review of the premises license on the grounds that they believe the premises management to be involved in criminal activity including the purchase and re-sale of stolen goods;

2.     No action be taken at this time in terms of the premises licence; and

3.     The designated premises supervisor be reminded of their obligations in terms of meeting the licensing objectives.

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 5, in particular the written reports and additional evidence submitted by the applicant, and the verbal submissions made at the hearing by Sarah Rogers, Senior Licensing Officer, the applicant Sergeant Gareth Gosling, Dorset Police, Byron Sims the Legal Representative for the Premises and Esra Oksuz, Premises Licence Holder and DPS.

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 matters directly relevant to the licensing objectives in respect of the operation of the premises licence.

The Sub-Committee felt there was currently no proof that the premises cannot meet their licensing objectives.

The Sub-Committee was satisfied that the premises is currently operating within the licensing objectives. It was noted that a 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 undermine the licensing objectives.

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

Meeting adjourned at 11:40am and reconvened at 11:50am.