Agenda item

Laceys Solicitors representing Russell Restaurants Bournemouth Limited have made an application for variation to the premises licence to extend both the commencement and terminal hours for the sale of alcohol and the provision of regulated entertainment.

The Chairman initiated introductions and explained the procedure for the hearing, to which all parties agreed.

The Sub-Committee was asked to consider an application made by Laceys Solicitors representing Russell Restaurants Bournemouth Limited for a variation to the premises licence for The Buffalo, 303-305 Wimborne Road BH9 2AA. The variation applied for was to extend the hours for the sale of alcohol and the provision of regulated entertainment to commence at 10:00 hours on all days and to end at 01:00 on Sundays to Thursdays with a further 30 minutes for late night refreshment and opening (01:30 hours).

The Senior Licensing Officer summarised the details of the application, as set out in report ‘5’, a copy of which had been circulated and a copy of which appears as Appendix ‘A’ to these Minutes in the Minute Book. The application prompted representations from two other persons on the grounds that the application, if granted, would undermine three of the licensing objectives. These being: public safety, the prevention of crime and disorder and the prevention of public nuisance.

All parties at the Sub-Committee meeting had received additional documentation prior to the hearing. These included: 

•       Written statement from Laceys Solicitors on behalf of the applicant

•       Photographs of the premises

•       Correspondence between the applicant and the Licensing Authority, including a copy of a public objection.

•       Letter and email of support from Councillor Chris Rigby.

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

Other persons in objection:

•       Cllr S Bull – Ward Councillor

•       Ms D Rees – Local resident

On behalf of the Applicant: 

•       Tom Russell – Applicant

•       Philip Day – Solicitor representing the applicant

Members of the Sub Committee asked various questions of all parties present at the hearing. All parties were given the opportunity to ask questions of one another. All parties were then able to sum up before the Sub-Committee retired to make its decision.

RESOLVED that: - 

The application for variation of the premises licence for The Buffalo, 303 – 305 Wimborne Road, BH9 2AA be GRANTED IN PART, to extend the hours for the sale of alcohol and the provision of regulated entertainment to commence at 10.00 on all days.

The application to extend the hours for the sale of alcohol and the provision of regulated entertainment to end at 01.00 on Sundays to Thursdays with a further 30 minutes for late night refreshment and opening (01.30) be REFUSED. 

Reasons 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 by all parties. In making its decision the Sub Committee considered the representations made by the other persons, the submissions made by and on behalf of the applicant, the relevant licensing objective, the Licensing Act 2003, Regulations, Guidance and the Council’s Statement of Licensing Policy.

As the premises is in close proximity of a highly, densely populated residential area, the Sub-Committee agreed that the extension of the licensable activities to 01.00 from Sunday to Thursday, and the late-night refreshment opening for the further 30 minutes, would be contrary to the licensing objective for the prevention of public nuisance. The Sub-Committee did not have this concern with the earlier opening hours, from 10.00.

The Licensing Officer 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.