Agenda item

An application has been received to vary the Premises Licence for the premises known as ‘Baggies Coffee House’. Following receipt of representations, this matter is brought before the Licensing Sub-Committee for consideration.

Attendance:

Sean Whitney – Public Health and Protection Manager, BCP Council

Johanne McNamara – Senior Solicitor, Law and Governance, BCP Council

Michelle Cutler – Democratic and Overview and Scrutiny Officer, Law and Governance, BCP Council

Councillor G Farquhar – Observing for training purposes

Press – 1

Members of the Public: 3

An application to vary the Premises Licence at ‘Baggies Coffee House’, 43 High Street, Christchurch, had been received under section 34 of the Licensing Act 2003. An objection to that variation application had been received from Dorset Police, concerned with the licensing objectives of the prevention of crime and disorder and public safety.

Where representations are received the Licensing Authority is obliged to hold a hearing to consider those representations and determine what action to take in respect of the application.

Additional evidence had been received from Dorset Police via email on 5 August 2019 and this had been sent to all parties prior to the Hearing. Hard copies were circulated at the start of the Hearing and are attached as an appendix to these Minutes.

The Applicant, Mr Ismail, submitted additional evidence via email on 5 August 2019 in response to that submitted by Dorset Police. This evidence was not sent to Dorset Police prior to the Hearing and therefore Dorset Police did not consent to it being submitted to the Sub-Committee for consideration. The Sub Committee therefore disregarded the additional evidence.

The Public Health and Protection Manager presented a report, as previously circulated. The Licensing Sub-Committee was asked to consider the application to vary the Premises Licence in respect of the Premises known as ‘Baggies Coffee House’, 43 High Street, Christchurch, to extend the terminal hour for the sale of alcohol to 02:00 hours Monday to Sunday and to permit late night refreshment until 02:30 hours.

An objection to the application to vary the Premises Licence had been received on behalf of Dorset Police in relation to the prevention of crime and disorder and public safety.

The Chairman asked the Applicant, Mr Ismail, to clarify the hours that he was applying for, as there appeared to be some confusion in the paperwork. Mr Ismail confirmed that he wished to extend the terminal hour for the sale of alcohol by one hour to 00:00 hours.

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

On behalf of the Applicant:

Mr Ahmed Ismail –  Director and Owner of ‘Baggies Coffee House’

On behalf of Dorset Police:

Sergeant Gareth Gosling – Drug and Alcohol Harm Reduction Team, Dorset Police

Louise Busfield – Licensing Officer, Dorset Police

Members of the Sub-Committee asked various questions to all parties present at the hearing.

All parties were then given the opportunity to sum up, before the Sub-Committee retired to make its decision.

It was RESOLVED that:

The Sub-Committee, having considered the application and representations made by Dorset Police relating to crime and disorder objectives, has decided not to grant the application to vary the Premises Licence in respect of the premises known as ‘Baggies Coffee House’, 43 High Street, Christchurch.

Reasons for Decision

The Sub-Committee has no confidence in the applicant being able to uphold the licensing objectives, in particular,  public safety and crime and disorder, due to the applicant’s apparent lack of understanding of the duties of a licensee.

Right of Appeal

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 Appellant is notified by the Licensing Authority of the decision appealed against.

Voting: Unanimous