Issue - meetings

Kostas Grill House Limited has made an application for a new premises licence at 735-737 Christchurch Road, Bournemouth.

The application seeks to permit recorded music (indoors only) Monday to Sunday from 12:00 to 22:00 and the supply of alcohol (on sales only) Monday to Sunday from 11:00 to 23:00.

The licensing authority has received one representation from one other person and a representation from Environmental Health.

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

Present: 

From BCP Council: 

Tania Jardim – Licensing Officer 

Andy McDiarmid – Legal Advisor to the Sub-Committee 

Christiane Tan – Clerk to the Sub-Committee 

Claire Johnston – Democratic Services

? 

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 to each Member 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 for a premises licence for Kostas Grill House Limited, 735-737 Christchurch Road, Bournemouth, BH7 6AQ, to permit recorded music (indoors only) Monday to Sunday from 12:00 to 22:00 and the supply of alcohol (on sales only) Monday to Sunday from 11:00 to 23:00. In response to the application two representations had been received, from Environmental Health and one Other Person, on the grounds that to grant the application would undermine the prevention of public nuisance licensing objective.

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

·        Fatmir Bezati, Director and applicant

·        Rodion Gulakov, Designated Premises Supervisor

·        Andrew Wemyss, Environmental Health Officer

The Other Person did not attend so their representation was considered based on their written submission.

The Sub-Committee asked various questions of all parties present and were 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 premises licence made by Kostas Grill House Limited for a new premises licence at Greek Corner Kostas, 735-737 Christchurch Road, Bournemouth, BH7 6AQ to permit recorded music (indoors only) Monday to Sunday from 12:00 to 22:00 hours and the supply of alcohol (on sales only) Monday to Sunday from 11:00 to 23:00 hours, be REFUSED. The Sub-Committee recognised that the applicant made amendments to the premise to mitigate the noise impact, however it did not satisfy the members that granting the license would not undermine the Prevention of Public Nuisance licensing objective.

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 6, the supplementary documents, and the verbal submissions made at the hearing by Rodion Gulakov, the Designated Premises Supervisor on behalf of the Applicant, Kostas Grill House Limited, and Andrew Wemyss, Environmental Health Officer. In the absence of the Other Person, the Sub Committee wished to confirm that they had read the objection included in Appendix 3 of the report and in the supplementary documents concerning disturbances allegedly caused by the premises including loud music, noise from activities within the premises and noise from patrons outside said to have occurred on occasion, late into the evening.

The Sub-Committee was mindful that the Licensing Authority should look  ...  view the full minutes text for item 179