Agenda item

An application has been received for a new premises licence for the premises known as ‘Seaside Mini Market’, 18 Westover Road, Bournemouth, BH1 1PE.

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

Present:

From BCP Council:

Tania Jardim– Licensing Officer

Linda Cole – 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 Licensing Officer advised that the premises had changed its name from ‘Seaside Mini Market’ to ‘Seafront Mini Market’.

The Sub Committee was asked to consider an application for a new premises licence for the premises known as ‘Seafront Mini Market’, 18 Westover Road, Bournemouth, BH1 1PE.

The Licensing Authority received 11 representations from other persons in objection to the application on the grounds that to grant the application would undermine the prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm licensing objectives. Representation in objection to the application was also received from Dorset Police on the grounds of Prevention of Crime and Disorder and Public Safety.

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

Tom Hollington – Agent on behalf of the Applicant

Elina Kadir - Applicant

Louise Busfield – Dorset Police Licensing Team, Objector

Catherine Gosney - (Roberta Boutique), Objector

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 at the premises known as ‘Seaside Mini Market’, now known as ‘Seafront Mini Market’ 18 Westover Road, Bournemouth to permit the off sale of alcohol between the hours of 08:00 to 03:00 Monday to Sunday, dated 17 August 2022, be REFUSED.

Reason for Decision

The Sub-Committee considered 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 11 other persons in objection to the application and the witness statement made by Sgt Scott Janes. They also considered the verbal submissions made at the hearing by the Licensing Officer, Tania Jardim, Mr Tom Hollington, the agent on behalf of the Applicant, Ms Elina Kadir, the applicant, Louise Busfield on behalf of Dorset Police and Ms Catherine Gosney on behalf of Roberta Boutique, both objecting.

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

The Sub-Committee considered the concerns raised by Dorset Police regarding the location of the premises in Bournemouth Town Centre, in an area that already experienced a disproportionate number of street drinkers and suffered anti-social behaviour and crime and disorder, which already negatively impacted the local community and the business community along Westover Road. The Sub-Committee noted that Westover Road was opposite the Lower Gardens, which already necessitated a seasonal dedicated policing presence due to the high levels of anti-social behaviour beside and in the gardens, fuelled by alcohol and other substance misuse.

The Sub-Committee considered the letter of representation from the Board of the Bournemouth Town Centre BID, that had objected to the application due to existing levels of anti-social behaviour in the town centre described as retail crime, aggressive begging, perceived & real threatening behaviour and substance abuse. In particular, the Sub-Committee noted that in the past 6 months, the Town Ranger team had logged 30 ASB issues between the hours of 09:00 & 17:15 (their hours of work), making it clear the problems are not just being experienced in the evening but in the daytime too. It appears clear that Police and BCP resources are already challenged trying to manage anti-social behaviour in this area.

The Sub-Committee took the view that granting a license to these premises would increase the propensity for ASB in this area of the town and agreed that to grant the licence would only exacerbate the existing issues. Although the applicant appears to be an experienced licensee who holds other premises licences, the very location of this premises selling alcohol off the premises would attract more individuals to Westover Road, who could be drawn into the anti-social behaviour, however responsibly the premises was managed. The Sub-Committee noted the offer to reduce the hours for sale of alcohol to 08:00 to 01:00 and to supply an SIA doorman from 23:00 to close on Fridays, Saturdays and Sundays before bank holidays, but as already determined, what is being experienced is not just a night-time problem. Therefore, the Sub-Committee unanimously agreed to refuse the application, as to grant it would undermine the licensing objectives of public nuisance and crime and disorder.

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.

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.