Agenda item

An application has been received for a new premises licence for the premises known as ‘Soho Beach’, Solent Promenade, Southbourne Coast.

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

Present:

From BCP Council:

Tania Jardim– Licensing Officer

Nick Maguire – Contracts Coordinator, Tourism

Johanne McNamara – 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 for a new premises licence following the receipt of representations from three ‘other persons’. The representations had been circulated at appendix 4 of the report and related to the prevention of crime and disorder and public nuisance licensing objectives.

No representations had been received from any of the other responsible authorities. Following mediation with Dorset Police and Environmental Health additional conditions had been agreed with the applicant as detailed in appendix 5 of the report.

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

Sandra Graham, Trethowans LLP – representing the applicant, Macemade Limited

Richard Slater – General Manager

Kim Slater – Director of applicant company

Ms Graham also called upon Nick Maguire to confirm matters of fact regarding the Council’s role in the contractual process for the site.

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 for SoBo Beach, Solent Promenade, Southbourne Coast Road, for the provision of live music (indoors and outdoors) Monday to Sunday 12:00 to 22:00, the provision of recorded music (indoors and outdoors) Monday to Sunday 12:00 to 22:00 and the supply of alcohol (on and off the premises) Monday to Sunday 10:00 to 21:30 (to allow time for alcohol to be consumed following purchase prior to the premises closing), be granted with the additional conditions agreed following mediation with Dorset Police and Environmental Health as listed in the Licensing Officer’s report, subject to the inclusion of the wording in red which was originally agreed but omitted from the final version:

·       No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas by the operator between 23:00 hours and 08:00 hours on the following day. This condition does not apply to commercial waste services collecting any such materials.

Reason 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 5, in particular the written representations made by three other persons, and the verbal submissions made at the hearing by those parties attending and the responses given to all questions asked at the hearing. As the three other persons were not in attendance, the sub-committee took steps to ensure that the issues contained in the representations relevant to the licensing objectives were raised and addressed at the hearing.

The sub-committee noted that no representations had been received from any of the Responsible Authorities.

The sub-committee welcomed the positive steps taken by the applicant in co-operating with Dorset Police and Environmental Health and in attempting to contact residents in order to address the concerns raised around anti-social behaviour, noise nuisance and crime and disorder. While the sub-committee acknowledged the concerns expressed by residents in the representations, the sub-committee believed that the conditions put forward by the applicant and agreed with Dorset Police and Environmental Health would address these concerns. These included measures to mitigate noise pollution, in particular to prevent the sound of live and recorded music projecting backwards up the cliff towards residential properties, the provision of CCTV and the availability of toilets and parking in the locality during hours of operation.

The sub-committee noted that the applicant was an experienced local operator with a proven track record whose intention was to provide premium quality alcohol ancillary to the food offered at the premises. The sub-committee was satisfied that if the premises operated in a responsible way as presented by the applicant and in accordance with the conditions on the premises licence, then the premises should not undermine the licensing objectives.

In making this decision the sub-committee have had regard to the Bournemouth, Christchurch and Poole Council Licensing Policy, the revised guidance, as set out by the Secretary of State and the licensing objectives, as set out in the Licensing Act 2003.

Voting: Unanimous