Agenda item

BOH Studios Limited have made an application to vary the premises licence for BOH Studios, 104 Commercial Road, Bournemouth.

The current premises licence permits Live Music, Recorded Music, Activity Like Music/Dance and the Supply of Alcohol on the premises only 07:00 to 00:00 Saturday to Thursday and 07:00 to 02:00 on Friday.

The applicant is seeking permission to extend the provision of the existing licensable activities on Saturdays and Bank Holidays to 07:00 to 03:00.  No request has been made for any amendments to conditions.

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

Present:

From BCP Council:

Tania Jardim – Senior Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Rebekah Rhodes – 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 Licensing Sub-Committee was asked to consider an application made by ‘BOH Studios’ to vary a premises licence to extend the provision of the existing licensable activities on Saturdays and Bank Holidays to 07:00 to 03:00. No request had been made for any amendments to conditions.

The Licensing Authority had received three representations from local residents on the grounds of the Prevention of Public Nuisance and Protection of Children from Harm licensing objectives.

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 Alex Spedlove and Mr Samuel Pearce – Directors of BOH Studios.

There were no objectors present.

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 variation to a premises licence for the premises known as ‘BOH Studio’, 104 Commercial Road, Bournemouth, BH2 5LR to permit recorded music and the supply of alcohol until 02:00am hours on a Saturday be GRANTED, subject to the inclusion of the conditions agreed between the applicant and Dorset Police as already agreed.

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 5, including the details provided by the applicant in their application and the written representations made in objection to the application from 3 other persons on the grounds that to grant the application would undermine the licensing objectives of the prevention of public nuisance and prevention of children from harm.

The Sub-Committee also considered the verbal submissions made at the Hearing by those in attendance, Mrs Tania Jardim, Licensing Officer and Mr Alex Spindlove and Mr Samuel Pearce, Directors of BOH Studio.

No objectors were present at the Hearing; however, the Sub-Committee considered the written submissions submitted by 3 other persons on the grounds that to grant the application would undermine the prevention of public nuisance and prevention of children from harm licensing objectives.

The Sub-Committee acknowledged the concerns raised in the representations that related to the prevention of public nuisance and the protection of children from harm licensing objectives.

 The Sub-Committee noted that attempts at mediation had taken place between the applicant the objectors and the applicant had responded in writing to the objectors.

The Sub-Committee agreed that the applicants had demonstrated that they were competent and experienced operators and capable of running a licenced premises. This was evidenced by the applicant’s satisfactory explanation of their business model which supports the licencing objectives.

The Sub-Committee noted that the premises have had the benefit of 9 TENs which were the same times as the variation request and there were no complaints or issues recorded, It was further noted that the applicant has had no incidents reported to the police since they have been open.

The Sub-Committee considered the information provided by both the Licensing Officer and the Applicant of the discussions with Dorset Police and agreement between the Applicant and Dorset Police regarding the amendments to the original proposed variations in the Application.

Given all the information provided the Sub-Committee were satisfied that the conditions as agreed with Dorset Police would uphold the licensing objectives.

For the avoidance of doubt the variation is as follows:

Last entry to customers at 00.00 hours (midnight) on any day that the premises are licensed beyond 00.00 hours (midnight).

The terminal hour for the sale of alcohol is 02.00 hours on Saturday.

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.

All parties to the application have the right to appeal to the Magistrate’s Court within the period of twenty-one days beginning with the day on which the applicant is notified by the Licensing Authority of this decision in writing.