Agenda item

The Licensing Authority has received an application for a new premises licence for the premises known as the Trouville Hotel, 5 – 7 Priory Road, Bournemouth.

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

Present:

BCP Council:

Ellie King – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Louise Smith –Clerk to the Sub-Committee

Michelle Cutler – Democratic Support

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 A to these minutes in the Minute Book.

Mr Philip Day of Laceys Solicitors made an application on behalf of ABQ Leisure Ltd for a new premises licence at the Trouville Hotel, located at 5-7 Priory Road, Bournemouth

The application was to permit:

·       Plays (Indoors)  -10:00 to 01:00 Monday to Sunday 

·       Indoor sporting events - 10:00 to 01:00 Monday to Sunday

·       Live Music (Indoors)  - 10:00 to 01:00 Monday to Sunday 

·       Recorded Music (Indoors) - 10:00 to 01:00 Monday to Sunday 

·       Performances of dance (Indoors) - 10:00 to 01:00 Monday to Sunday 

·       Activity similar to music and dance (Indoors) - 10:00 to 01:00 Monday to Sunday 

·       Late night refreshment (Indoors) - 23:00 to 01:00 Monday to Sunday for non residents and until 05:00 hours for residents and bona fide guests

·       Supply of Alcohol (On and Off Sales) from 10:00 to 01:00 on every day of the week, for non residents and 24 hours a day for residents and bona fide guests. 

The Licensing Authority had received representations from 27 other persons on the grounds that to grant the application would undermine the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm licensing objectives.

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

For the Applicant:

Philip Day – Applicant’s representative

Muhammad Malik - applicant

Other Persons:

Karen & Anthony Davies (also representing Laith & Diana Majeed, who had made a representation but did not attend).

Stewart Green

The following joined the meeting virtually:

Michael Carr

Keith Lucas

Peter Jopling

The Sub Committee asked various questions of all parties present and was 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.

Decision:

GRANTED as applied for, to include the conditions offered by the Applicant Company as detailed in Part 3 Operating Schedule, Paragraph M.  In addition, that the following conditions, be added to the Licence at the request of the Sub- Committee:

• That all non-fixed tables and chairs located in the outside areas at the front of the premises be removed by 11pm each day.

• That contact details of the hotel manager and DPS be placed on display within the hotel reception area and made available to residents of Coast Development if requested.

Reasons for Decision

The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the report for Agenda Item 5, together with verbal submissions made at the hearing by Mr Philip Day, the applicant’s solicitor, Mr Muhammad Malik, on behalf of the applicant and Mrs Davies (also representing Mr Davies and Mr and Mrs Majeed), Mr Green, Mr Carr, Mr Lucas and Mr Jopling all objecting to the application.

The Sub-Committee also considered the 27 written representations made by ‘other persons’ and noted the concerns raised should the licence be granted. The Sub-Committee noted the issues raised re anti-social behaviour being experienced in the wider locality and were sympathetic to the residents’ concerns that the licence if granted would exacerbate the problems. However, in determining this application, the Sub-Committee is only able to consider the licensing objectives and whether the proposed premises licence would undermine those licensing objectives. No relevant substantial evidence had been provided that the premises, if licensed would lead to increased crime and disorder or public nuisance in the local area that could be considered when determining the application.

The Sub-Committee noted that the Licensing Officer had advised that no complaints had been made to the Licensing team when the Trouville Hotel was previously operational under the lapsed licence and no complaints had been received regarding the recent operation under the Temporary Event Notices. The Sub-Committee particularly noted that no representations had been made by either Dorset Police or Environment Health or any other responsible authority and that there was no evidence of crime and disorder, public nuisance or public safety issues associated with the premises.The Sub-Committee deem each responsible authority to be an expert in their respective field and the licensing authority’s main source of advice in relation to a particular licensing objective. For example, the police have a key role in managing the night-time economy and should usually therefore be the licensing authority’s main source of advice on matters relating to the promotion of the crime and disorder licensing objective.

Residents were concerned that table and chairs being outside the premises overnight could attract late night drinkers and the Sub-Committee did agree that such furniture could encourage those walking from the town centre to sit and cause a noise nuisance. Mr Day on behalf of the premises offered a condition that the non-fixed tables and chairs would be removed and stored away by 11pm each evening to mitigate this concern and the Sub-Committee agreed that this condition should be added to the Licence

The Sub-Committee heard that Mr Jopling had in the past complained to the Premises regarding late night noise and people drinking on the roof to no effect. The Sub-Committee noted that the applicant company has experience of running hotels in the local area and Mr Malik representing the Applicant appeared proactive and keen to work with residents. The Sub-Committee felt it was proportionate to add a condition to the licence that relevant contact details for the hotel manager and DPS be displayed in the hotel reception area and made available to residents of Coast Development so that should a problem occur, the manager or DPS can be made aware immediately and that any incidents of public nuisance or crime and disorder be reported to the Police as appropriate.

The Sub-Committee noted all the conditions offered within the operating schedule and appreciated that the Applicant had endeavoured to bring the Licence up to date and include the array of conditions that the Licensing Authority expects in order to promote the Licensing Objectives.

The Sub-Committee was mindful of the spirit of the Licensing Act 2003 and the presumption to grant and the case of Thwaites PLC v Wirral Borough Magistrates’ Court 2008.

It was noted that a review of the premises licence could be applied for at any time by a Responsible Authority or any other person should there be any issues associated with the premises in the future that undermine the licensing objectives.

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.

Right of Appeal

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.