Agenda item

John Gaunt & Partners representing Danuba River Limited have made an application for a New Premises Licence to allow the off sale of alcohol between 09:00 to 22:00 hours daily.

The Chairman explained the procedure for the hearing.

The Licensing Act 2003 requires the council as the Licensing Authority to issue premises licences. Where there are representations to an application for premises licence the council must hold a hearing to consider those representations and decide whether to grant a premises licence under the Licencing Act 2003.

The Sub-Committee were asked to consider the granting of a Premises License to allow the sale of alcohol between 09:00 to 22:00 hours daily.

The Licensing Manager presented a report, which summarised the details of the application, as set out in Agenda Item 5, a copy of which had been circulated to each Member of the Sub-Committee and a copy of which appears as Appendix ‘B’ to these Minutes in the Minute Book.

The Sub-Committee were advised that representations had been received from Dorset Police in respect of this application under the public safety and the prevention of crime and disorder citing that the awarding of a licence would give rise to negative cumulative impact as the premises are located within the Bournemouth Cumulative Impact area.

In addition the Sub-Committee were advised that 18 letters of support had been received (in email format) from customers stating that they used the shop regularly and wished to be able to purchase alcohol from their own country at the Black Sea Supermarket.

The following persons attended the Sub Committee and gave verbal evidence based on their written submissions:

On behalf of the Applicant:

• Mr John Worsgrove – Solicitor from John Gaunt & Partners representing the applicant Danube River Limited
• Mr Sukru and Mr Iliyas - Directors of Danube River Limited

In objection, representatives from the Dorset Police, Drug and Alcohol Harm Reduction Team:

• Sergeant Gareth Gosling
• Sarah Dutton

During the evidence presented Dorset Police sought agreement to show CCTV footage of anti-social behaviour in close proximity to the application location to support their evidence of concerns in relation to the cumulative impact. The Sub-Committee moved into exempt session in order to view the CCTV footage and the press and public were excluded during this time. The meeting moved back into open session as soon as the footage had been shown.

Councillors asked questions of those making representations and heard details of the proposed conditions the applicant put forward in an attempt to prevent against adding to the cumulative impact. All parties were then able to sum up before the Sub-Committee retired to make their deliberations.

Members considered all of the evidence placed before them and reached a decision.

It was RESOLVED that the application for a premises licence be refused.

Reason for Decision

The Sub-Committee gave detailed consideration to the written evidence that had been submitted before the hearing, along with the verbal submissions made at the hearing. They took account of the Statement of Licensing Policy, The Licensing Act 2003 and the Statutory Guidance.

The Sub-Committee were mindful that the premises were situated within the Bournemouth Cumulative Impact Area.

It was the view of the Sub-Committee that the application had not demonstrated that there would be no negative cumulative impact, and that there was also not enough evidence to demonstrate that this application met the criteria of exceptional circumstances and consequently Members determined that the applicant had not rebutted the presumption of refusal in respect of the licence.

The Chairman advised all parties that any persons aggrieved by the decision would have the right of appeal to the Magistrates Court, and any such appeal should be lodged within 21 days of receiving the decision letter.

Voting: Unanimous