Agenda item

The Licensing Authority has received an application for a new premises licence for the premises known as Swan In Food & Wine, Unit A, 29 Old Orchard, Poole BH15 1SD.

The application is to permit Off Sales of Alcohol as follows: -

Monday to Thursday 06:00 to 00:00

Friday and Saturday 06:00 to 01:00

Sunday 10:30 to 22:30

As the application has resulted in representations, this matter is brought before the Licensing Sub Committee for determination.

Attendance:

BCP Council:

Tania Jardim – Licensing Officer

Johanne McNamara – 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.

The Licensing Officer presented the report, a copy of which had been circulated and a copy of which appears as Appendix C 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 Swan In Food and Wine, 29 Old Orchard, Poole BH15 1SD, to permit off sales of alcohol on days/times. The application had resulted in one representation from a Responsible Authority, Dorset Police, and four representations from Other Persons on the grounds that the licence if granted would undermine the prevention of crime and disorder, prevention of public nuisance and protection of children from harm licensing objectives.

Dorset Police contacted the applicant with a view to mediate conditions as proposed in Appendix 4 of the report. As no response was received from the applicant to the conditions suggested by Dorset Police, its representation still stood.

A supplementary pack of information from Dorset Police in support of its representation had been submitted after the report was published, a copy of which had been circulated and which appears as Appendix D to these minutes in the Minute Book.

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

Applicant:

Mr Surendra Panchal – Applicant’s representative

Ms Priti Dip Sukhadiya – Applicant (in attendance)

Responsible Authority:

Mr John Bean and Inspector Nick Lee – Dorset Police 

Other Persons:

Mr Richard Carr, Fortitudo Ltd

Mr Kadir Kurekci

Mr Yuri Emilov

The Sub Committee asked various questions and were grateful for the responses received. All parties were given the opportunity to ask questions and were invited to sum up before the Sub-Committee retired to make its decision.

RESOLVED that the application for a new premises licence for the premises known as Swan In Food and Wine, Unit A, 29 Old Orchard, Poole BH15 1SD, to permitoff sales of alcohol be GRANTED in accordance with the steps taken to promote the licensing objectives set out in Section 18 of the application form AND subject to the following additional conditions:

·       Hours for the supply of off sales of alcohol and hours premises are open to be as follows: Monday to Saturday 06:00hrs to 23:00hours, Sunday 10:30 to 22:30hrs.

·       The employment of SIA registered door staff to be risk assessed by the Premises Licence Holder in consultation with Dorset Police.

·       All staff to be employed at the premises to undergo training in conflict management and this to be recorded (date and provider) on the training record of each member of staff.

·       No high strength beers, lagers and ciders above 5.5% ABV shall be stocked with the exception of premium beers that shall be removed from immediate customer access.

·       Visibility into the premises to be in accordance with the good practice recommendations of the Dorset Police ‘Design Out Crime’ officer.

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 and supplementary information for Agenda Item 6 and the verbal submissions made at the hearing by Mr Surendra Panchal representing the applicant, Mr John Bean and Inspector Lee representing Dorset Police, and the following ‘Other Persons’ – Mr Richard Carr representing Fortitudo Ltd, Mr Kadir Kurekci and Mr Yuri Emilov. The Sub Committee also had regard to the written representation made by one Other Persons who did not attend/speak at the hearing.

The Sub Committee was mindful that Dorset Police was its main source of advice on crime and disorder. Dorset Police and other representations had raised concerns about the potential impact of the premises on anti social behaviour, shoplifting and street homelessness in the local area. Having met with the applicant’s representative, the Police had sought confirmation by email of some conditions discussed. Although Mr Panchal explained that he had not been able to respond as he had been awaiting instructions from his client, the Police were concerned at the lack of communication and the applicant’s ability to translate words into tangible actions when it came to upholding the licensing objectives.

The Sub Committee noted that these conditions as set out in Appendix 4 of the report were accepted by Mr Panchal on behalf of the applicant at the hearing. Although Mr Panchal indicated at the hearing that the applicant would prefer not to reduce the hours on Monday to Saturday further to 23:00hrs, having considered the concerns raised in the representations the Sub Committee agreed that this further reduction would assist in upholding the licensing objectives. The closing time of 23:00hrs was also in line with two of the four other premises licensed for off sales in the area. At the hearing Dorset Police also referred to concerns around the visibility into the premises following a meeting on site with the Dorset Police Design Out Crime Officer. The Sub Committee agreed that these concerns could be addressed by an additional condition seeking compliance with the Officer’s recommendations.

Dorset Police also referred to information regarding a previous licence review by Brent Council in 2019. It was noted that no further complaints had been received since this review, the DPS was no longer involved with the premises and the licence had transferred to someone else.

The Sub Committee noted that a number of concerns raised in representations related to planning matters which could be followed up via the planning regime and were not relevant to the Licensing Objectives that the Sub Committee needed to consider. The Sub Committee was also advised that the need for another licensed premises in terms of commercial demand was not a matter it was able to consider and therefore disregarded any comments on this point.

The Sub-Committee was satisfied that if the premises operated in accordance with the above amended hours and conditions, that the premises should not undermine the licensing objectives and as such the application should be granted. 

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.