Agenda item

An application for a new premise licence has been received for the premises known as ‘Christchurch Road Stores’, 62 Old Christchurch Road, Bournemouth, BH1 1LL.

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

Note: This matter was adjourned by the Sub Committee on 18 January 2023 with the agreement of all parties, to enable the applicant to attend the hearing.

Present

From BCP Council:

Sarah Rogers – Interim Licensing Manager

Linda Cole – 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. It was noted that this matter had been adjourned by the Sub-Committee on 18 January 2023 with the agreement of all parties, to enable the applicant to attend the hearing

The Interim Licensing Manager presented a report, a copy of which had been circulated and a copy of which appears as Appendix B to these minutes in the Minute Book.

The Sub Committee was asked to consider an application for a new premises licence for the premises known as Christchurch Road Stores, 62 Old Christchurch Road, Bournemouth BH1 1LL, to permit off sales of alcohol from 10:00 to 22:00 each day of the week. In response to the application a representation had been received from Dorset Police on the grounds of the public safety and prevention of crime and disorder licensing objectives. Following publication of the Officer’s report it was noted that the applicant had submitted a supplementary letter offering options for consideration regarding the provision of off sales.

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

• Barry Goldbart, on behalf of the applicant
• Nicholas Gregory, the applicant

• Sergeant Gareth Gosling, Dorset Police – objecting

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 new premises licence for Christchurch Road Stores, 62 Old Christchurch Road, Bournemouth BH1 1LL, to permit off sales of alcohol from 10:00 to 22:00 each day of the week, be refused.

Reasons 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 6 and in the supplementary letter submitted by the applicant on 7 February 2023 and the verbal submissions made at the hearing by Mr Barry Goldbart on behalf of the applicant and by Mr Nicholas Gregory, the applicant, and by Sergeant Gareth Gosling, Dorset Police.

The Sub Committee was mindful that the Licensing Authority should look to Dorset Police as its main source of advice on crime and disorder. 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 noted that while there were conditions offered in the applicant’s operating schedule, Dorset Police did not consider these sufficient to address the concerns raised in its representation.

At the hearing the Sub Committee sought to ascertain the applicant’s understanding of these concerns and his role in mitigating them. In presenting the application and responding to questions, the applicant and his representative were unable to demonstrate the level of understanding of the licensing objectives which the Sub Committee would expect. They were unable to show sufficient appreciation of the negative impact of off-sales on street drinking and anti-social behaviour in such a sensitive area of the town centre. There was also a misunderstanding of the role of Dorset Police in assisting applicants to promote the licensing objectives and the role of an applicant in mitigating any harm their proposed licence may cause.

In addition to these concerns the Sub Committee felt that there was a lack of detail and clarity in how the applicant intended to operate the licence. The original layout plan of the premises included a significant section for off sales.  In an effort to mitigate concerns while maintaining the percentage of alcohol sales to make the business viable, the applicant had suggested the following compromise in his letter received on 7 February 2023:

Either 1) Only alcohol in multi packs to be available on the shelves no spirits to be sold even from behind the counter (at the hearing the applicant indicated that the multi packs would be low strength/4% abv), OR

2) the ability to sell alcohol by delivery only. Through Deliveroo, Just Eat, etc, these products would not be on view and kept in the cellar below the shop.

The Sub Committee shared the views of Dorset Police that these proposed changes lacked sufficient detail, had not been thought through properly and failed to address the concerns raised, for example no information was provided regarding the checks that needed to be put in place when alcohol is sold for delivery to ensure that the licensing objectives were not undermined.

In conclusion, the Sub Committee had no confidence that the applicant would be able to operate the premises safely without adding to the existing issues in the area and undermining the prevention of crime and disorder and public safety licensing objective and 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.

Voting: Unanimous