Agenda item

An application has been received for a new Premises Licence for the premises known as ‘Branksome Beach Restaurant Kiosk’ to enable customers to consume food and drink on a decking structure proposed on the beach or elsewhere.

 

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

Present:

 

From BCP Council:

 

Nananka Randle, Licensing Manager

Tanya Coulter, Legal Advisor to the Sub-Committee

Michelle Cutler, Clerk to the Sub-Committee

 

Mr Niall McCann, Solicitor, Keystone Law, representing the Applicant, Rockwater Sandbanks and Branksome Ltd

Mr Lee Wilson, Operations Director of Rockwater

Miss Kate Cross, proposed Designated Premises Supervisor

 

Objectors:

 

Mr McCarthy, presenting his own objection and also representing:

Mr and Mrs Wilkinson

Mr  and Mrs  Lawrence

Ms Glynn-Baker

Tea Colaianni

1 Anonymous

Cllr May Haines, presenting her own objection and representing 3 Anonymous objectors.

 

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

 

The Chair confirmed that the supplementary evidence bundle submitted by Mr McCann, Solicitor on behalf of the Applicant, in advance of the hearing, had been received by the Sub-Committee.

 

The Licensing Manager 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 made by Keystone Law, on behalf of Rockwater Sandbanks & Branksome Limited, for a premises licence for off sales to enable customers to consume food and drink on a decking structure proposed on the beach or elsewhere. The Licensing Authority had received 56 representations on the grounds that to grant the application it would undermine the licensing objectives of the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm.

 

The Sub-Committee was advised that a number of conditions had been agreed between the Applicant and Dorset Police via mediation in advance of the hearing.

 

The Applicant had agreed to the proposal to amend the provision of off sales of alcohol to between 11:00hrs and 21:00hrs seven days a week, as opposed to between10:00hrs to 23:00hrs. As a result, Dorset Police had withdrawn its representation. A further 2 representations had been withdrawn following the successful mediation between the Applicant and Dorset Police.

 

During the course of the Hearing, Mr McCann offered a condition on the licence that when the kiosk was open, off sales from the restaurant would not be promoted.

The Clerk read out a written statement from Mr Bob Lister, objecting, as he could not attend the hearing due to other commitments.

During Councillor May Haines submissions, the Sub-Committee was informed that she had originally been asked to represent 5 residents, however, 1 resident had now withdrawn their representation following the conditions agreed between the Applicant and Dorset Police.

 

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.

 

 

 

 

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 the application for a new Premises Licence dated 11 March 2022, for the premises known as ‘Branksome Beach Restaurant Kiosk’ be GRANTED for the provision of off sales of alcohol between 11:00hrs and 21:00hrs seven days a week.

This premises licence is granted subject to all of the conditions offered in the operating schedule in part M of the application and the conditions listed below, which have been agreed between the Applicant and Dorset Police in advance of the hearing through mediation.

 

• 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 to be sold by the glass.
• Spirits shall only be sold with a mixer.
• When the premises remains open until 18:00hrs or later, staff on site at the time shall remain in and around the premises for one hour 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

In addition to the above the Applicant offered the following condition, which was accepted by the Sub-Committee:

• That when the kiosk is open, off sales from the restaurant will not be promoted.

 

Reasons for Decision

The Sub-Committee gave detailed consideration to all of the information which has been submitted before the Hearing and contained in the report for Agenda Item 6 and the additional information provided before the hearing, in particular the written representations made by 53 other persons, and the verbal submissions made at the Hearing by the Licensing Manager, Nananka Randle, Niall McCann, Solicitor representing the Applicant, Rockwater Sandbanks and Branksome Ltd, Lee Wilson, Operations Director of Rockwater, Kate Cross, Proposed Designated Premises Supervisor (DPS), Mr Martyn McCarthy, objecting and representing himself and the following residents who had submitted representations objecting (Sally McCarthy, Mr and Mrs Wilkinson, Mr  and Mrs  Lawrence, Ms Glynn-Baker, Tea Colaianni and one anonymous resident) and Cllr May Haines presenting her own objection and representing 1 anonymous resident. The Sub-Committee also considered the written statement of Bob Lister, objecting, which was read out by the Clerk in his absence.

 

The Sub-Committee also considered the responses given to all of the questions asked at the Hearing.

The Sub-Committee noted that the representation submitted by Dorset Police had been withdrawn following successful mediation with the Applicant and that as a result of the conditions agreed between Dorset Police and the Applicant a further 6 representations had been withdrawn.

The Sub-Committee commended the willingness of the Applicant to co-operate and assist the Police and it welcomed the Applicant’s agreement to reduce the provision of off sales of alcohol from 23:00hrs to 21:00 hrs. Whilst the Sub-Committee acknowledged the concerns expressed by residents it was noted that the provision of music had not been applied for on the new licence and it was hoped that this along with the reduction in hours, alongside the conditions agreed with Dorset Police would help to address some of the issues raised by residents.

The Sub-Committee noted the comments made by Mr McCarthy highlighting concerns around customers queueing at the premises, however, assurances were given of the successful queueing system currently in operation at in the Hove premises. Space is tight at the new kiosk location, but with the introduction of SIA Door Supervisors and Marshals, the Applicant acknowledged the need to keep clear the adjacent main pedestrian and emergency access to the beach, and adjacent toilets.

The Sub-Committee was satisfied that if the premises operated in the responsible way they appeared to and in accordance with the conditions on the premises licence, then the premises should not undermine the licensing objectives.  It was noted that a review of the premises licence could be applied for at any time by a Responsible Authority or any other person should there be any issues associated with the premises in the future that undermine the licensing objectives.

 

Voting: Unanimous

 

 Right of Appeal

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.