Agenda item

An application has been received for a new premises licence for the premises known as Premier Westover, 12 Westover Road, Bournemouth.

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

Present:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Mary Almeida – 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 advised that the applicant had offered to reduce the daily terminal hour to permit the sale of alcohol off the premises from 03:00hrs to midnight as they were conscious of the concerns raised by objectors relating to a 03:00 hr closure.

The Sub Committee was asked to consider an application for a new premises licence for the premises known as ‘Premier Westover’, 12 Westover Road, Bournemouth.

The Licensing Authority received 5 representations from other persons, including one from Dorset Police as a responsible authority.

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

David Ramsey – Agent on behalf of the Applicant

Serkan Yildirum - Applicant

Louise Busfield – Dorset Police Licensing Team, Objector

Sergeant Gareth Gosling, Dorset Police, Objector

Samuel Old – Robert Old (menswear), retailer on Westover Road, Bournemouth, Objector

The Clerk advised that the following objectors had been contacted and were no longer attending, Mathew Corcia (Michael Mathews Jewellery), Sarah Watson (Bournemouth YMCA) and Paul Kinvig (Bournemouth Tow Centre BID).

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.

Louise Busfield, Dorset Police, referred to several letters of support that had been circulated by David Ramsey, agent for the applicant, in advance of the hearing. The Chairman advised that the Sub-Committee had not had sight of these as they had been submitted after the statutory timeframe for representations to be made and therefore the letters of support had not been accepted by the Sub-Committee.

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, dated the 26^th September 2022, for the premises known as ‘Premier Westover’, 12 Westover Road, Bournemouth to permit the off sale of alcohol between the hours of 08:00 to 00:00 Monday to Sunday, be REFUSED.

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, including the written representations received in objection to the application.

The Sub-Committee further considered the verbal submissions made at the hearing by Sarah Rogers, the Senior Licensing Officer, David Ramsey, Agent on behalf of the applicant, Serkan Yildirum, the applicant, Louise Busfield, Licensing Officer Dorset Police, Sergeant Gareth Gosling, Dorset Police and Samuel Old, Robert Old (menswear), Westover Road, Bournemouth.

The Sub-Committee also took into account the responses given to all the questions asked at the hearing.

The Sub-Committee noted the concerns raised by Dorset Police regarding the location of the premises, in an area of Bournemouth Town Centre that experienced a disproportionate number of street drinkers, anti-social behaviour, crime and disorder, all of which already negatively impacted on the local community.

The Sub-Committee further noted that Westover Road was opposite the Lower Gardens, in Bournemouth which necessitated a seasonal dedicated policing presence due to the high levels of anti-social behaviour.

The Sub-Committee took into account the letter of representation from the Board of the Bournemouth Town Centre BID, who objected to the application due to existing levels of anti-social behaviour in the town centre, namely retail crime, aggressive begging, perceived and real threatening behaviour and substance abuse. In particularly, the Sub-Committee noted that in the past six months, the Town Ranger Team had logged forty anti-social behaviour issues between the hours of 09:00 and 17:15 hours (their hours of work).

The Sub-Committee also noted the written submission from the Chief Executive Officer of the YMCA, Bournemouth, which was located at 56 Westover Road stating that if the licence was granted the premises would constitute a clear and present safeguarding risk to their vulnerable residents.

Taking everything into account the Sub-Committee took the view that granting a license to these premises would increase the propensity for anti-social behaviour and would exacerbate the existing issues. The Sub-Committee felt that the conditions offered by the applicant were not sufficient to alleviate the concerns raised by Dorset Police and other objectors, therefore, the Sub-Committee unanimously agreed to refuse the application.

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.

All parties to the application have the right to appeal to the Magistrate’s Court within the period of twenty-one days beginning with the day on which the applicant is notified by the Licensing Authority of this decision in writing.