Agenda item

BigWigs Bakery, 9 Marlow Drive, Christchurch, BH23 2RR

 

BigWigs Bakery Limited have made an application for a premises licence at 9 Marlow Drive. The application is to permit recorded music and the supply of alcohol (on and off sales) from 07:30 to 23:00 every day of the week.

 

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

Minutes:

Present:

 

From BCP Council:

Tania Jardim – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – 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 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 ‘BigWigs Bakery Lmt’ for a premises licence to permit recorded music and the supply of alcohol (on and off sales) from 07:30 to 23:00 every day of the week.

 

The Licensing Authority had received four representations from other persons on the grounds that to grant the application would undermine the licensing objectives of the prevention of crime and disorder, public safety and the prevention of public nuisance. In response to the representations, the applicant offered to reduce the hours for alcohol sales and the premises’ opening hours to terminate at 20:00.

 

Environmental Health mediated with the applicant and had agreed additional conditions should the licence be granted.

 

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

 

For the Applicant:

Dominic Brown – Director of Bigwigs Bakery Lmt.

 

There were no objectors present.

 

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 ‘BigWigs Bakery’, 9 Marlow Drive, Christchurch, BH23 2RR to permit recorded music and the supply of alcohol (on and off sales) from 07:30 hours to 20:00 hours every day of the week be GRANTED, subject to the inclusion of the conditions agreed between the applicant and Environmental Health, as amended by the Sub-Committee.

 

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 5, including the details provided by the applicant in their application and the written representations made in objection to the application from 4 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 and public safety.

 

The Sub-Committee also considered the verbal submissions made at the Hearing by those in attendance, Mrs Tania Jardim, Licensing Officer and Mr Dominic Brown, Director of Bigwigs Bakery Ltd.

 

No objectors were present at the Hearing; however, the Sub-Committee considered the written submissions submitted by 4 other persons on the grounds that to grant the application would undermine the prevention of crime and disorder, public safety and the prevention of public nuisance licensing objectives.

 

The Sub-Committee acknowledged the concerns raised in the representations that related to the Licensing Objectives were the potential for an increase in anti-social behaviour in the area and an increase in litter. The Sub-Committee was satisfied by the Applicant’s response that a litter bin had now been installed outside the front of the premises, which should alleviate some of the concerns raised by the objectors in terms of an increase in litter. Objectors had also expressed concern regarding the potential noise and disruption that may occur in the evenings if an alcohol licence was granted, however, the Sub-Committee noted the applicant had offered to reduce the terminal hour for licensable activities to 20:00hrs, which the sub-Committee welcomed.

 

The Sub-Committee agreed that the applicant had demonstrated that they were competent and experienced operators and capable of running a licenced premises. This was evidenced by the applicant having 4 licenced premises in the area, which operated in a similar way. The applicant advised that they had not experienced any issues with anti-social behaviour at their other premises and none were reported by the Licensing Officer.

 

The Sub-Committee noted that mediation had taken place between the applicant and BCP Council’s Environmental Health Department, and several conditions were agreed which would form part of the licence, should it be granted.

 

With the reduction in the terminal hours for alcohol sales and the premises’ opening hours from 23:00 hrs to 20:00hrs the Sub-Committee agreed that the following conditions no longer needed to be attached to the licence:

 

·       All windows and external doors shall be kept closed after 20:00 hours, except for the immediate access and egress of persons (this condition was now redundant as the terminal hour for alcohol sales/closing time of the premises would be 20:00)

·       Beyond 20.00 hours patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them (this condition was now redundant as closing time of the premises would be 20:00)

 

The following condition regarding the removal of tables and chairs from the outside area by 23:00hrs each day was to be amended to:

 

·       All tables and chairs shall be removed from the outside area by 20:30 hours each day (this was to reflect the 20:00 hours closing time and to allow half an hour for staff to ensure that all customers had left and to clear down).

 

The Sub-Committee was mindful that representations made regarding business competition, toilet facilities, health and hygiene issues, and public access could not be considered as this was not within the remit of the Licensing Sub-Committee or the 4 licensing objectives. However, the Sub-Committee did note that a new toilet was being installed at the premises for customer usage.

 

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. 

 

 

Supporting documents: