Agenda item

The premises known as ‘Christchurch Harbour Kitchen Ltd’ have applied for a premises licence to permit recorded music and the supply of alcohol.

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

Present:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Rebekah Rhodes – Democratic Services, providing technical assistance

Christiane Tan – Democratic Services – Observing for training purposes

Cllrs Bartlett, Canavan and Farquhar– Observing for training purposes

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 ‘B’ to these minutes in the Minute Book. The Licensing Sub-Committee was asked to consider an application made by Christchurch Harbour Kitchen Ltd for a premises licence to permit recorded music and the supply of alcohol. The application received 37 representations from other persons on the grounds that to grant the application would undermine the licensing objectives of the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm. Dorset Police and Environmental Health mediated with the applicant and had agreed additional conditions.

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

For the Applicant:

Mr Paul Trickett

Mrs Ginny Trickett

Objecting:

Mr Richard Slater – The Beach House, Mudeford Spit

Ms Claire Bath - Deputy Chair of Mudeford Sandbank Beach Hut Association

Councillor Judy Richardson - East Southbourne and Tuckson Ward Councillor

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 for a new premises licence for the premises known as ‘Christchurch Harbour Kitchen’, Mudeford Sandbank, Christchurch, BH4 4EW, to permit recorded music and the supply of alcohol, be REFUSED. 

Reasons for Decision: 

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the Hearing as contained in the Licensing Officer’s report for Agenda Item 7, including the details provided by the applicant in their application and the written representations made in objection to the application from 37 other persons on the grounds that to grant the application will undermine the licensing objectives of the prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm.  

The Sub-Committee also considered the verbal submissions made at the Hearing by those in attendance, Mrs Sarah Rogers, Principal Licensing Officer, Mr Paul Trickett and Mrs Ginny Trickett, the applicants, and Mr Richard Slater, the Beach House, Mudeford Spit, Ms Claire Bath, Deputy Chair of Mudeford Sandbank Beach Hut Association and Cllr Judy Richardson, East Southbourne and Tuckson Ward Councillor, who had all made objections to the application. 

The Sub-Committee was mindful that Dorset Police had mediated conditions with the applicant and agreed a revised terminal hour for the sale of alcohol of 22:30, to enable a 30-minute drinking-up time. The applicant also agreed that alcohol would be ancillary to food. Environmental Health had agreed 2 further conditions with the applicant to uphold the prevention of public nuisance licensing objective, which were: 

·       ‘All audio from the music system will be played at background level only and turned off at 19.30hrs’ and: 

·        ‘All the rubbish produced by the premises shall be stored securely in a bin with a tightfitting and lockable lid in a designated area’.  

The Licensing Officer highlighted that the Live Music Act 2012 allowed live and recorded music between the hours of 08:00 and 23:00 which would override any licensing conditions put in place to restrict music. The Sub-Committee was confident that these conditions would help to mitigate some of the concerns raised by objections, should the licence be granted. 

Mr Trickett advised the Sub-Committee that the premises was a bespoke designed floating restaurant that was not a permanent structure but proposed to moor up at the same location daily. It was not a ‘party boat’ and the intention was to offer substantial meals such as fresh fish caught from Christchurch, with the option to enjoy an alcoholic beverage. The vessel was designed to unfold with hydronic technology each morning and fold away each evening. It would be wheelchair and pushchair accessible without the use of gangplanks. The vessel would attach itself to the seabed by way of an arrowhead pole structure that would raise up and down with the tides. 

In addressing some of the representations made in objection to the application, Mr Trickett informed the Sub-Committee that he only intended to play ambient background music, if at all, and that all litter and waste would be stored on board and disposed of when the vessel returned to its base. Mr Trickett was happy to be guided by BCP Council as to the control of waste, but the vessel did have a contained storage area for waste products. The vessel would have a flushing cassette toilet on board that would be emptied daily so patrons would not be ‘urinating off the side of the vessel’, and anyone caught doing this would be removed. 

Mr Trickett advised that life jackets were not required on board as it was not a moving vessel, however, there would be various safety equipment in place such as oxygen, life rings and fire extinguishers. 

The Sub-Committee gave weight to the objection from BCP Council’s Seafront Operations Service, regarding concerns over public safety. Mr Trickett explained that he had approached BCP Council in August 2024, along with securing the relevant consent from Natural England, and the landlords for an operation of this nature. Mr Trickett advised that he was still waiting to hear back from the Meyrick Estate as it was uncertain who owned the area. Mr Trickett informed the Sub-Committee that Natural England had advised him that they weren’t concerned as his operation did not involve the building of new harbour walls. 

The Sub-Committee had regard to the concerns raised by the objectors in attendance in relation to the prevention of public nuisance, public safety and the protection of children from harm, namely that no environmental impact survey had been carried out and the area was protected as a Site of Special Scientific interest (SSSI) with a salmon spawning ground in the area. There had been a lack of engagement with the landowners and no permission sought to use the land, there was the potential from noise from the vessel from music and patrons to travel across the river and cause a nuisance to the neighbouring beach huts and that there was a real risk of harm to the many children that used the area to play and swim. In addition, objectors were very concerned about the potential smells with rubbish being stored on the vessel for up to 14 hours a day, especially in the summer months, which could be a public nuisance. 

The Sub-Committee was unable to consider any objections relating to parking or commercial concerns as this was not within their remit and was satisfied that the licence, if granted, would not undermine the prevention of crime and disorder. 

The Sub-Committee shared the concerns of BCP Council’s Seafront Operations Service that consent to use the area had not been provided and as such, was a risk to public safety. The Sub-Committee also had concerns regarding the vessels ability to raise up and down with the tides, which posed a risk to children and families playing in the water nearby. In addition, it was noted that the vessel had open sides with no barriers in place to prevent patrons falling over the side into the water, which was a significant risk to public safety, and would undermine the prevention of children from harm objective. 

The Sub-Committee was concerned that the storage of waste on the vessel could cause a public nuisance, especially in hot weather, as they had not been provided with enough information as to how large the storage area was and how potential smells and leaks would be dealt with. They were particularly worried about the only toilet onboard being a cassette toilet, as there was no indication as to how large it was or how it would be emptied on busier days. There was also concern as to how hazardous toilet/sanitary waste would be disposed of. 

The Sub-Committee made note of the Applicant’s offer to reduce the terminal hour being applied for to 21:00, but having regard to the concerns referred to above in relation to public nuisance, public safety and protection of children from harm licensing objectives this did not negate its concerns. 

The Sub-Committee concluded that it could not be satisfied that the premises would not undermine the prevention of public nuisance, public safety and the protection of children from harm licensing objectives, and as such, the application should be refused.  

? 

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.