Licensing6XE&RPPLWWHH
Report Subject
4
Notice of Four Temporary Event Notices –
Terrace Mount Car Park, Upper Terrace
Road, BH2 5NW
Meeting date
16th June 2016
Cabinet Portfolio
Corporate Lead
Service Director
Status
Classification
Councillor David Smith – Planning and Environment
Bill Cotton – Executive Director, Environment and Economy
Roger Ball
Public
For Decision
Key Decision
No
Impacts on Key
Policy Framework
Report author
No
Mrs Sarah Rogers
 01202 454929
 sarah.rogers@bournemouth.gov.uk
Executive summary Mr Maxwell Baker has given four Temporary Event Notices
(TEN) for an event described as a “pop-up independent
market with food traders, a bar, local vendors and music.”
The TENs are for the sale of alcohol and regulated
entertainment between the hours of 12.00 and 23.00 on the
following days (all dates are inclusive):1. 4th – 7th August 2016
2. 11th – 14th August 2016
3. 18th – 21st August 2016
4. 25th – 28th August 2016
Recommendations Members are asked to decide whether to:

Grant all or some of the Temporary Event Notices
as made;
Issue a Counter Notice, for all or some of the
Temporary Event Notices as made, if it considers
it appropriate for the promotion of a licensing
objective to do so.
Members of the Licensing Board are asked to make a
decision at the end of the hearing after all relevant
parties have been given the opportunity to speak.
Members must give full reasons for their decision.
Reasons for
recommendations
The Licensing Authority has received objection notices from
Environmental Health under the prevention of public nuisance
licensing objective.
Section 105 of the Licensing Act applies where an objection
notice is given in respect of a standard TEN. The Licensing
Authority must hold a hearing to consider the objection notice
(unless all parties agree a hearing is not necessary) and,
having regard to the objection notice, give the premises user
a counter notice if it considers appropriate for the promotion
of a licensing objective to do so.
Background detail
Four Temporary Event Notices were given to the Licensing Authority on the 3rd June
2016 as attached at Appendix A.
Environmental Health submitted their objective notices in respect of each TEN before
the end of the third working day in accordance with Section 104(3).
A plan is attached as Appendix B showing the location of the premises.
Consultation
The notices were served on Dorset Police and Environmental Health on the 3 rd
June 2016 by the applicant.
Options
Before making a decision, Members are asked to consider the following matters:




The objection notices made by Environmental Health.
The submissions made by or made on behalf of the applicant.
The relevant licensing objective, namely the prevention of public nuisance
The Licensing Act 2003, Regulations, Guidance and the Council’s Statement
of Licensing Policy.
Summary of financial/resource implications – N/A
Summary of legal implications
1. Where the Licensing Authority gives a counter notice under Section 105(3),
the premises user (applicant) may appeal against that decision.
2. Where the Licensing Authority decides not to give such a counter notice,
Environmental Health may appeal that decision.
3. An appeal must be made to a magistrates’ court within the period of 21 days
beginning with the day on which the appellant was notified by the Licensing
Authority of the decision appealed against. No appeal may be brought later
than five working days before the day on which the event period specified in
the temporary event notice begins.
Summary of human resources implications– N/A
Summary of environmental impact– N/A
Summary of equalities and diversity impact– N/A
Summary of risk assessment – N/A
Background papers
Bournemouth Borough Council’s Statement of Licensing Policy:
http://www.bournemouth.gov.uk/Business/Documents/StatementofLicensingPolicyL
A2003.pdf
Appendices
A – Copy of the TEN applications
B – Location Plan
C – Objection Notices
APPENDIX A
APPENDIX B
Upper Terrace Mount Car Park
Centre = 408377 E 91020 N
Application for Temporary Event Notices - August 2016
Scale 1/2247
Date 8/6/2016
Sarah Rogers
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office.
© Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Bournemouth Borough Council - 100019829. 2016
The scale indicated on this drawing is approximate only
and should not be used for taking accurate measurements.
APPENDIX C