Agenda item

An application has been received for a Premises Licence to permit off sales of alcohol between the hours of 10:00am and 11:00pm each day of the week from 3 kiosks within the remit of Sandbanks Beach Cafés property.

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

Present:

From BCP Council:

Sarah Rogers, Senior Licensing Officer

Alan Parr, Legal Advisor

Joseph Tyler, Democratic Services Officer

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties.

The Senior 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 a premises licence application at the location known as Sandbanks Beach Café Kiosks Banks Road, to permit off sales of alcohol between the hours of 10:00 and 23:00 each day of the week from three kiosks within the remit of Sandbanks Beach Café’s property.

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

·       Niall McCann - Solicitor, Keystone Law, representing the applicant

·       Lee Wilson - Operations Director of Rockwater, Sandbanks & Branksome Ltd

NB:

·       Ward Councillor May Haines submitted a written statement that was read aloud by the Clerk.

·       Dorset Police and two other persons withdrew their initial objections to the application following mediation with the applicant.

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.

The Legal Adviser explained that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of this decision in writing, and that the decision would not come into effect until the expiry of said 21 days.

Voting: Unanimous

RESOLVED:- that having considered the application, submitted by Rockwater Sandbanks & Branksome Limited to apply for a premises licence at the location known as Sandbanks Beach Café Kiosks Banks Road, to permit off sales of alcohol between the hours of 10:00 and 23:00 each day of the week from three kiosks within the remit of Sandbanks Beach Café’s property, including the following conditions:

Dorset Police agreed conditions:

• That ‘Kiosk 3’ (as outlined in red on the plan) no longer forms part of this application and is not to be licensed.
• The sale of alcohol to be between 11.00 a.m. and 9 p.m. seven days a week.
• Food and non-intoxicating beverages, including drinking water, shall be available at all times where alcohol is sold or supplied from the premises.
• A maximum of four alcoholic drinks may be purchased at any one time per customer.
• Wine only to be sold by the glass*.
• Spirits shall only be sold with a mixer.
• When the premises remains open until 21:00 hrs all staff on site at the time shall remain in and around the premises until 22:00 hrs to assist with dispersal and any litter collection.  Challenge 25 shall be operated at the premises to all persons purchasing and consuming alcoholic drinks from the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport / holographically marked PASS scheme identification cards. Appropriate signage advising customers of the policy shall prominently displayed in the premises.
• A First Aider to be available at all times the premises is open for licensable activity.
• The holder of the licence shall undertake a risk assessment with regard to the deployment of SIA Door Supervisors and Marshals at different times of the day and on different days of the week to determine whether it is appropriate to deploy door staff/marshals on those days and/or at any other time(s) and to then implement the outcome of the risk assessment. Such risk assessments will also be conducted at the request of the police in respect of any other event scheduled to take place at the premises or in the vicinity on BCP land. Copies of all risk assessments shall be retained on the premises for a minimum period of 6 months and shall be made available for inspection by police and other authorised officers on request.

Additional conditions agreed:

• That the Kiosks will not sell alcohol while there is a temporary bar in place on the patio of the restaurant licence.
• For there to be no glassware used or provided by the Kiosks.

The Sub-Committee were content that the mediation agreement with Dorset Police and the subsequent conditions that were agreed to by the applicant would result in the premises upholding the licensing objectives. The Sub-Committee were also reassured by the condition not to serve glass ware in any form and that the premises would ensure that staff clean/litter pick the premises for an hour after closure every day.

The Legal Adviser explained that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the applicant is notified by the Licensing Authority of this decision in writing, and that the decision would not come into effect until the expiry of said 21 days.

Voting: Unanimous