Agenda item

The Licensing Authority has received an application from Dorset Police to review the premises licence for the premises known as Pirata, 125 Charminster Road, Bournemouth.

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

NOTE: In relation to this item of business, the Sub Committee may be asked to consider the following resolution depending on the course of discussions at the hearing and the content of any supplementary information submitted:

“That under Section 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and with regard to Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that the public interest in withholding the information outweighs such interest in disclosing the information and that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7 in Part I of Schedule 12A of the Act.”

Present:

BCP Council:

Sarah Rogers – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Louise Smith –Clerk to the Sub-Committee

Michelle Cutler – Democratic Support

The Chair made introductions and explained the procedure for the hearing, which was agreed by all parties.

The Licensing Officer presented the report, a copy of which had been circulated and a copy of which appears as Appendix B to these minutes in the Minute Book.

RESOLVED that under Section 14 (2) of the Licensing Act 2003 (Hearings) Regulations 2005, and with regard to Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that the public interest in withholding the information outweighs such interest in disclosing the information and that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7 in Part I of Schedule 12A of the Act.

This item was restricted by virtue of paragraphs 1, 2 and 7 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual), 2 (information which is likely to reveal the identity of an individual) and 7 (information relating to the financial or business affairs of any particular person (other than the authority)).

The Sub-Committee was asked to consider the application for review of the premises licence, under Section 51 of the Licensing Act 2003.  The review request from Dorset Police was received on 15 May 2024. 

Dorset Police believed that the premises had undermined all four licensing objectives - the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm licensing objectives with full details of the review appended to the Officer Report.  In addition to the review application, the Police submitted some supplementary information and showed the Committee two CCTV videos to support their review request.

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

Applicant:

Vanessa Rosales - Dorset Police

Louise Busfield – Dorset Police

License Holder:

Mr Enrico Guadagno – 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.

Decision:

RESOLVED that having considered the application to review the premises licence for the premises known as ‘Pirata’, 125 Charminster Road, Bournemouth, BH8 8UH, the Sub-Committee has decided to revoke the premises license on the grounds that the premises are not upholding the prevention of crime and disorder,public safety, and the protection of children from harm licensing objectives.

Reasons 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, the written evidence provided by Dorset Police in support of the application for review and the verbal submissions made at the hearing by Louise Busfield and Vanessa Rosales on behalf of Dorset Police, and by Mr Enrico Guadagno, both 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 consider matters directly relevant to the licensing objectives in respect of the operation of the premises licence.

The Sub-Committee noted that the premises had failed to engage with Dorset Police despite repeated attempts by the Police to address issues that had arisen at the premises. The Sub-Committee noted that this was a small business being run solely by the Premises Licence Holder/DPS and they had no confidence after considering the evidence before them and hearing from the parties that the premises would not continue to undermine the licensing objectives of the prevention of crime and disorder, public safety and the prevention of children from harm.

The Sub-Committee shared the view of Dorset Police that none of the other available options would address the reasons for the review and that these options would not be appropriate in upholding the Licensing Objectives

The Sub-Committee accepted that Dorset Police had identified and continued to receive reports of concerns associated with this premises and that no further engagement tools were available to Dorset Police that would support the management of this premises to improve their operating practices to enable compliance.

In making this decision the Sub-Committee have had regard to the Bournemouth, Christchurch and Poole Council Licensing Policy, paragraphs 11.27 and 11.28 of the section 182 revised statutory guidance, as set out by the Secretary of State and the licensing objectives, as set out in the Licensing Act 2003 and agreed that revocation of the Licence was a proportionate response to the issues raised in the review.

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.