Agenda and draft minutes

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

RESOLVED that Councillor David Flagg be elected Chairman 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 absence.

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.

There were no declarations of interest.

The protocol for public speaking at Licensing Sub Committee hearings is included with the agenda sheet for noting.

The protocol for public speaker was noted.

James Andrews of Set Square Studio Ltd has made an application on behalf of Elina Kadir for a premises licence at Seafront Mini Market a small convenience store located at 18 Westover Road, Bournemouth, BH1 2BY.

The application seeks permission for the Off Sale of alcohol between 08:00 and 03:00 and the provision of Late-Night Refreshment between 23:00 and 03:00 every day.

The application attracted 5 Representations, 1 from Dorset Police, and 4 from Other Persons including a local Ward Councillor and the Leader of the Council, on the grounds that to grant the application would undermine the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm licensing objectives.

Present: 

From BCP Council: 

Ellie King – Licensing Officer 

Andy McDiarmid – Legal Advisor to the Sub-Committee 

Christiane Tan – Clerk to the Sub-Committee 

Michelle Cutler – Democratic Services support

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 for the Off Sale of alcohol between 08:00-03:00 and the provision of Late-Night Refreshment between 23:00-03:00 every day for the premises known as Seafront Mini Market. Applications attracted 5 Representations – 1 from Dorset Police, and 4 from Other Persons including a local Ward Councillor and the Leader of the Council, on the grounds that to grant the application would undermine the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm licensing objectives.

Following publication of the Officer’s report, Dorset Police and the Leader of the Council withdrew their representation.

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

·        Elina Kadir – Applicant

·        John Wallsgrove – Solicitor, representing applicant

·        Frankie Janes, representing Claire Seymour - BCP Anti-Social Behaviour (ASB) and Community Safety Accreditation Scheme (CSAS) Lead

·        Councillor Jamie Martin

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 at Seafront Mini Market, 18 Westover Road, Bournemouth BH1 2BY for the off-sale of alcohol between 08:00 and 23:00 every day in accordance with the details specified in the application and the Licensing Officer’s report, be GRANTED subject to conditions offered by the Applicant in Part 3 of the Operating Schedule, Paragraph M, and also to the amendments to the application and conditions agreed following mediation between the Applicant and Dorset Police and BCP Council Trading Standards, namely:-

Amend application as follows:

• Only apply for the sale of alcohol between 08:00 and 23:00.
• No late night refreshment.
• Opening hours for the shop would be 08:00 to 03:00.

The following conditions to be added to the licence:

• All spirits shall be displayed only behind the counter area.
• Alcohol shall only be displayed in areas visible from the sales counter or covered by CCTV.
• No sale of alcohol shall knowingly be permitted to anyone under the influence of illegal drugs.
• Appropriate signage advising customers of the condition relating to ‘no single cans above 5.3 % ABV’ shall be prominently displayed throughout the premises.
• The premises shall not stock, sell or supply bottles of any cider, beer or lager that has a strength over 5.3% ABV in a size  ...  view the full minutes text for item 5.