Agenda and minutes

To elect a Chair of this meeting of the Licensing Sub-Committee.

RESOLVED that Councillor Judes Butt be elected Chair of the Sub-Committee for the duration of the meeting.

Voting: Unanimous

To receive any apologies for absence from Members.

There were no apologies for this meeting. The Chair thanked Cllrs B Dion and L Williams for their attendance as reserves at the start of the meeting in case they had been required.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

The Chair and Cllr D Kelsey both declared for transparency that they knew Barry Goldbart, the applicant’s representative for the Christchurch Road Stores application, in his capacity as a former councillor of the preceding Bournemouth Borough Council.

An application has been received to vary the premises licence for the premises known as ‘Delice des Champs, 13 Gervis Place, Bournemouth, BH1 2AL.

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

Present:

From BCP Council:

Ellie King – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Jill Holyoake – 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 to vary the premises licence for the premises known as Delice des Champs, 13 Gervis Place, Bournemouth BH1 2AL, to extend the provision of late night refreshment from 23:20 to 05:00 on Thursday, Friday and Saturday.

In response to the application representations had been received from Dorset Police, on the grounds of the public safety and prevention of crime and disorder licensing objectives, and Environmental Health, on the grounds of prevention of public nuisance licensing objective. Following mediation between Environmental Health and the applicant the extended hours had been reduced from 05:00 to 03:00 and additional conditions agreed as set out in the report. 

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

• Mr Cumali Ayhan and Mrs Donna Ahmed – the applicants
• Sergeant Gareth Gosling, Dorset Police – objecting

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 to vary the premises licence for Delice des Champs, 13 Gervis Place, Bournemouth BH1 2AL, to extend the provision of late night refreshment from 23:20 to 05:00 – amended to 03:00 following mediation – on Thursday, Friday and Saturday, be granted with the conditions offered in the applicants’ operating schedule and the following additional conditions suggested by Dorset Police:

Conditions agreed with Environmental Health through mediation prior to the hearing:

·       There shall be no public access to the premises after 23.00hrs, except to the front serving counter area, behind the sliding door

·       No live/recorded music will be played between the hours or 23.00hrs and 08.00hrs

·       All tables and chairs shall be rendered unusable by 23.00hrs each day

·       Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly

·       No deliveries/collections to and from the premises shall take place between 23.00hrsand 07.00hrs

·       No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00hrs and 07.00hrs

·       Takeaway deliveries from the premises shall not take place after 23.20hrs on anyday.

·       The terminal hour for late night refreshment shall be 03.00hrs Thursday to Saturday and 23.20hrs Monday to Wednesday.

Conditions put forward by Dorset Police and accepted by the applicant at the hearing:

An application for a new premise licence has been received for the premises known as ‘Christchurch Road Stores’, 62 Old Christchurch Road, Bournemouth, BH1 1LL.

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

Note: This matter was adjourned by the Sub Committee on 18 January 2023 with the agreement of all parties, to enable the applicant to attend the hearing.

Present

From BCP Council:

Sarah Rogers – Interim Licensing Manager

Linda Cole – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties. It was noted that this matter had been adjourned by the Sub-Committee on 18 January 2023 with the agreement of all parties, to enable the applicant to attend the hearing

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

The Sub Committee was asked to consider an application for a new premises licence for the premises known as Christchurch Road Stores, 62 Old Christchurch Road, Bournemouth BH1 1LL, to permit off sales of alcohol from 10:00 to 22:00 each day of the week. In response to the application a representation had been received from Dorset Police on the grounds of the public safety and prevention of crime and disorder licensing objectives. Following publication of the Officer’s report it was noted that the applicant had submitted a supplementary letter offering options for consideration regarding the provision of off sales.

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

• Barry Goldbart, on behalf of the applicant
• Nicholas Gregory, the applicant

• Sergeant Gareth Gosling, Dorset Police – objecting

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 new premises licence for Christchurch Road Stores, 62 Old Christchurch Road, Bournemouth BH1 1LL, to permit off sales of alcohol from 10:00 to 22:00 each day of the week, be refused.

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 and in the supplementary letter submitted by the applicant on 7 February 2023 and the verbal submissions made at the hearing by Mr Barry Goldbart on behalf of the applicant and by Mr Nicholas Gregory, the applicant, and by Sergeant Gareth Gosling, Dorset Police.

The Sub Committee was mindful that the Licensing Authority should look to Dorset Police as its main source of advice on crime and disorder. The Sub-Committee noted the concerns raised by Dorset Police regarding the location of the premises, in an area of Bournemouth Town Centre that experienced a disproportionate number of street drinkers, anti-social behaviour, crime and disorder, all of which already negatively impacted on the local community.

The Sub Committee noted that while there were conditions offered in the applicant’s operating schedule, Dorset Police did not consider these sufficient to address the concerns  ...  view the full minutes text for item 113.