Agenda item

Deep Blue Restaurants Limited have made an application to vary the premises licence for Harry Ramsden, East Beach, Undercliff Drive, Bournemouth to permit the provision of the existing licensable activities to take place outdoors and for the off-sale supply of alcohol. 

 

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

 

Present:

 

From BCP Council:

 

Sarah Rogers – Senior Licensing Officer

Lina Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Tania Jardim – Licensing Officer, observing

Andy McDiarmid – Legal Advisor, observing

Cllr P Canavan - Observing

 

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties.

 

The Licensing Officer presented a report, a copy of which had been circulated and a copy of which appears as Appendix ‘A’ to these minutes in the Minute Book.

 

The Licensing Sub-Committee was asked to consider an application made by Deep Blue Restaurants Limited to vary the premises licence for Harry Ramsden, East Beach, Undercliff Drive, Bournemouth for the provision of the existing licensable activities to take place outdoors and for the off-sale supply of alcohol.

 

The Licensing Authority had received five representations from residents on the grounds of the Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance 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:

Jason Waggot – Operations Manager

Mohammad Shahid Shaikh – Premises Manager

 

There were no objectors in attendance.

 

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.

 

 

RESOLVED that the application to vary the premises?licence for the premises known as ‘Harry Ramsden’, East Beach, Undercliff Drive, Bournemouth, BH1 2EZ, for the provision of the existing licensable activities (Live Music, Recorded Music, Late Night Refreshment) to take place outdoors and for the supply of alcohol off-sale be GRANTED, with the following conditions attached, as offered by the Applicant in advance of the Hearing and amended by the Sub-Committee in their deliberations.? 

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1.     Outdoor music shall be restricted to low-level, background    recorded music which must be turned off by 10:00 pm each evening.? 

2.    No live music shall be provided outdoors at any time.? 

3.    Alcohol shall only be available for off sale when purchased to accompany a substantial meal.? 

4.     Off sale of alcohol shall terminate at 10:00pm.? 

 

The following conditions were amended as follows:? 

 

Condition 2.1 removed ?

 

Condition 2.5 amended ?

 A CCTV system, shall be installed to cover all entry and exit points, including under the arches, enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record and cover areas where alcohol is kept for selection and purchase by the public, whilst the premises is open for licensable activities. It shall operate during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31days with correct date and time stamping. Recordings shall be made available immediately upon the request of Police or an authorised officer of the council throughout the preceding 31-day period. The CCTV system shall be updated and maintained according to police recommendations.? 

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Condition 2.10 amended ? 

Service of alcohol on the premises, including under the arches shall be by table service. ? 

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The following conditions were added by the Sub-Committee to promote the licensing objectives and to formalise the provision of SIA doorman and use of plastic glasses at the premises as explained by Jason Waggot, Operations Manager during the Hearing.? 

 

1.       The Manager or Designated Premises Supervisor (DPS), or a person nominated by them shall ensure that a documented risk assessment is conducted and regularly reviewed to determine the need for, and number of, Security Industry Authority (SIA) licensed door supervisors. This risk assessment shall consider factors including, but not limited to:? 

·       The?layout of the premises;? 

·       Location and any known crime and disorder issues in the  area;? 

·       Time of year and special events likely to attract larger or different audiences.? 

Where the risk assessment identifies a need for door supervisors, SIA-licensed staff shall be deployed accordingly. A copy of the risk assessment and any subsequent reviews shall be made available to the Licensing Authority or Police upon request.? 

2.       All drinks served for consumption in any external area of the premises (including under the arches?or pavement seating areas) or for consumption off the premises shall be served in non-glass containers such as polycarbonate, plastic, or other shatterproof vessels.? 

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Reasons for the Decision?

 

The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the report?for Agenda Item 6, and the verbal submissions made at the Hearing by Jason Waggot, Site Operations Manager, Mohammad Shahid Shaikh, Premises Manager and Tania Jardim, Licensing Officer. The Sub-Committee also considered the supplementary papers submitted by both the applicant and objectors in advance of the Hearing.? 

 

The Sub-Committee considered the written representations made by 4?other persons which had not been withdrawn after mediation, on the grounds that granting the variation would undermine the 4 licensing objectives. The Sub-Committee noted that no objectors were present at the Hearing to expand on their representations and that there had been no representations made Dorset Police, Environmental Heath or any other responsible authority. 

 

The Sub-Committee noted that the representations focussed on concerns for the potential increase in noise and anti-social behaviour, should the application for variation be granted, as such issues were already being experienced in the area. Mr Waggot explained that a neighbouring licensed premises could have been responsible for any loud music and noise from patrons in the past and that on their terrace they only had small speakers playing background music. 

 

The Sub-Committee heard from Mr Waggot that the premise aimed to cater for families and the new services to be provided by the premises were family orientated. They noted that conditions had already been agreed that any music being played outside would only be background music and would be turned off at 10:00pm and off sale of alcohol would only be sold alongside food. In addition, all off sales of both alcohol and food would terminate at 10:00pm each day.? 

 

The Sub-Committee heard the premises planned to build?a beach shop and retro sweet shop below the arches and to install heated ‘beach huts’ under 5 of the arches. It was planned that each?hut would seat between 8 to 10 patrons under cover and provision of food and alcohol would be by table service. Each hut would close by 9:00pm to allow time for staff to carry out cleaning duties and to remove all outside seating by 10.00pm as already agreed with Seafront Services.?The cleaning team would also carry out regular checks of the surrounding area for litter. 

 

Mr Waggot explained that the premises employ security staff on Fridays, Saturdays and Sundays, their busier days, from 11:30am until the premises close and Security staff are present every day during the peak summer months of July and August, and it was planned for security staff to be placed in front of the arches. He also explained the premises were not aiming to supply alcohol to be brought down to the beach front. They wanted to supply alcohol with deliveries made by platforms such as Deliveroo and only supply off sales of alcohol with the purchase of food. They also planned for all such alcohol to be dispensed in plastic vessels. 

 

The Sub-Committee was confident that the premises was being managed responsibly and satisfied that the Applicant had addressed all points raised in the objector’s written representations during the Hearing. To promote the licensing objectives of prevention of crime and disorder, prevention of public nuisance and public safety, the Sub-Committee determined it both appropriate and proportionate to add a condition regarding the use of non-glass drinking vessels in external areas to reduce the risk of injury from broken glass and help prevent incidents of anti-social behaviour. And similarly, add a condition requiring a risk assessment for the deployment of SIA-licensed door supervisors to ensure appropriate security measures are in place based on the location and the events held, to support a safe and well managed environment for both customers and staff. 

 

The Sub-Committee did not find any evidence to justify a refusal of the application, and no evidence had been presented to show that there had been issues or complaints associated to the premises in the past. It was?noted that the premises were experienced operators who had been operational in the location for many years. The Sub-Committee was satisfied that if the premises operated in accordance with the conditions already attached to its licence and those added as set out above, that the premises should not undermine the licensing objectives.? 

 

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 may 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 issued under section 182 Licensing Act 2003 and the licensing objectives, as set out in the Licensing Act 2003. 

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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.