Agenda item

An application has been received to vary the premises licence for the premises known as ‘Conroys Bar’, 33 Sea Road, Bournemouth, BH5 1DH.

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

Present:

From BCP Council:

Tania Jardim, Licensing Officer

Alan Parr, Legal Advisor to the Sub-Committee

Michelle Cutler, 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 made by Mr Philip Day of Lacey’s Solicitors on behalf of Conroy’s Bar Limited to vary the Premises Licence.

The Licensing Authority had received 11 representations from other persons in objection to the application on the grounds that to grant the application would undermine the licensing objectives. Representations in objection to the application had also been received from BCP Council’s Environmental Health and Dorset Police on the grounds of Prevention of Crime and Disorder, Public Safety and Prevention of Public Nuisance respectively, however, the representation made by Environmental Health had been withdrawn following successful mediation with the Applicant.

The Licensing Authority also received 7 representations in support of the Application.

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

Philip Day, Solicitor, representing the Applicant

Connie O’Gormeley, Applicant, Designated Premises Supervisor and Joint Owner of the Premises

Royston Thorne, Joint Owner of the Premises

Sergeant Gareth Gosling, Dorset Police, Objecting

Louise Busfield, Licensing Officer, Dorset Police, Objecting

Miss Aleksandra Mackiewics, Objecting

Cllr Anne Filer, speaking on behalf of Cllr Kelly, Objecting on behalf of residents

Bill Hughes, speaking in support of the Application.

The Sub Committee asked various questions of all parties present and was 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 had the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant was 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.

RESOLVED that the Application  to vary the Premises Licence for the premises known as ‘Conroy's Bar’, 33 Sea Road, Bournemouth, BH5 1DH, dated 22 March 2022,  be GRANTED, as amended, to permit the following:

To add live and recorded music as follows:- Thursday, Friday and Saturday from 23:00 hours until 24:00 hours only.

That the opening hours of the premises are from 08:00 daily, with no change to the closing times.

That there be no change to the permitted hours for the sale of alcohol and the provision of late night refreshment.

In addition, that the following conditions, offered by the Applicant, be attached to the Licence:

·         Live and Recorded music provided as regulated entertainment to be in the basement area only.

·         All or any live or recorded music provided as regulated entertainment is played through a noise limiting device, the levels of which are to be agreed with officers from Environmental Health.

·         Whenever live or recorded music is provided after 11 p.m. (i.e., other than under the Live Music Act): At least one SIA Door Supervisor to be deployed from 22:00 hours until the premises close and all customers have dispersed from the immediate area and a minimum of 4 tables and 8 chairs will be available for use by customers in the basement area throughout.

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, in particular the written representations made by 11 other persons objecting to the application and 7 written representations made in support of the application. The Sub-Committee also took into account the verbal submissions made at the hearing by the Licensing Officer, Tania Jardim, Mr Philip Day, Solicitor, representing the applicant, Conroy’s Bar Ltd, Ms Connie O’Gormely, Designated Premises Supervisor and joint owner of the premises, Mr Royston Thorne, joint owner of the premises, Sergeant Gareth Gosling, Dorset Police, Louise Busfield, Licensing Officer, Dorset Police, Miss Aleksandra Mackiewicz, objecting, Councillor Anne Filer (on behalf of Cllr Kelly), representing a resident objecting and Mr Bill Hughes in support of the application.

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

The Sub-Committee was mindful that the representation submitted by Environmental Health had been withdrawn following successful mediation in advance of the hearing and the agreement reached with the applicant for the inclusion of a condition that any live or recorded music provided as regulated entertainments be played through a noise limiting device, the levels of which would be agreed with officers from Environmental Health.

The Sub-Committee also noted that the representation submitted by Dorset Police was withdrawn during the course of the hearing by Sargent Gareth Gosling following successful mediation between Dorset Police and the Applicant prior to the commencement of the hearing.

The Sub-Committee noted that the Applicant now only sought to have regulated entertainment on Thursday, Friday and Saturday from 23:00 hours until 24:00 hours and that the applicant no longer wished to amend the permitted hours for the sale of alcohol and the provision of late night refreshment. The Sub-Committee noted that the applicant sought to amend the opening hours of the premises to start at 08:00 daily to accommodate breakfast service, however, as the hours for the permitted sale of alcohol were no longer sought to be amended it was felt that this would not cause any issues.

The Sub-Committee was satisfied with the condition offered by the applicant to have at least one SIA Door Supervisor present from 22:00hrs until close on nights where recorded music was being provided (and until all customers had dispersed from the immediate area). The Sub-Committee felt that this, along with music only being permitted in the basement area would quell some of the concerns raised by residents regarding noise emitting from the premises and anti-social behaviour.

Whilst the Sub-Committee acknowledged the concerns expressed by residents it hoped that the conditions put forward by the Applicant, would help to address some of the issues expressed by residents. The Sub-Committee wished to make it clear to the Applicant that future consideration of, and co-operation with residents was imperative so that any issues could be addressed swiftly.

The Sub-Committee was satisfied that if the premises acted in accordance with the conditions on the premises licence, then the licensing objectives should not be undermined, given that any incidents which undermined the licensing objectives would result in a Review of the Premises Licence being called, therefore allaying the concerns of the local residents.

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