Agenda item

Alan’s Café Ltd have made an application to vary the premises licence for Tony’s Café at 12 Westover Road, Bournemouth.

The current premises licence permits on sales of alcohol only, within the area defined by the approved plan. The applicant wishes to be able to permit the sale and consumption of alcohol at tables outside the premises.

The current permitted hours are :–

Late Night Refreshment: (Indoors)

Thursday to Saturday - 23:00 to 00:00

Supply of Alcohol:

Sunday to Wednesday - 08:00 to 22:30, Thursday to Saturday - 08:00 to 23:30

This matter is brought to the Licensing Sub Committee for determination, having been adjourned on 16 September 2025 to allow the applicant time to put measures in place to satisfy the Police. Supplementary information from the Police has since been submitted and is included at Appendix 4a of the report.

Present:

From BCP Council:

Sarah Rogers – Principal 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 Principal 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 Sub Committee was asked to consider an application for a full variation of the premises licence for the premises known as Tony’s Café, 12 Westover Road, Bournemouth BH1 2BY, to permit the sale and consumption of alcohol at tables outside the premises. In response to the application a representation had been received from Dorset Police on the grounds that to grant the application would undermine all four licensing objectives. The Sub Committee was advised that Environmental Health had agreed a number of conditions with the applicant to uphold the prevention of public nuisance licensing objective, as detailed in the report. Following agenda publication the applicant’s representative had submitted supplementary information in the form of a new food and drinks menu for the premises, a copy of which had been circulated and appears as Appendix B to these minutes.

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

• James Andrews, applicant’s representative
• Sergeant Gareth Gosling and Vanessa Rosales, Dorset Police

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

*Procedural note: The meeting commenced at the scheduled time of 10.00am, however the Sub Committee adjourned until 10.15am to enable the applicant’s representative fifteen minutes grace to attend. The Sub Committee agreed to proceed with the hearing at 10.15am in the absence of the applicant’s representative. The applicant’s representative subsequently arrived as Dorset Police were introducing their representation and with the agreement of all parties, the applicant’s representative was permitted to present their application.

RESOLVED that the application to vary the premises licence for the premises known as Tony’s Café, 12 Westover Road, Bournemouth BH1 2BY, to permit the sale and consumption of alcohol at tables outside the premises, be GRANTED.

Reasons for Decision:

The Sub-Committee carefully considered all the information submitted prior to the hearing, contained in the report for Agenda Item 5, including the applicant’s application to vary the premises licence, the written representation and supplementary information provided by Dorset Police and the supplementary information provided on behalf of the applicant after agenda publication. The Sub-Committee also considered the verbal submissions and responses to questions given at the hearing by: Sarah Rogers (Principal Licensing Officer), James Andrews (representing the applicant) and Sergeant Gareth Gosling and Vanessa Rosales (Dorset Police).

The Sub Committee noted that Dorset Police were concerned that extending the provision and consumption of alcohol onto the pavement area outside the premises would likely lead to further crime and anti-social behaviour, undermining the licensing objectives of preventing crime and disorder and public safety. The premises was located in an already challenging area and the Police considered that the granting of the variation would have an adverse impact on efforts to tackle a notable increase in crime and disorder and antisocial behaviour in the six months since the premises had opened.

The Sub Committee also noted that Dorset Police had identified a number of breaches of conditions on the current licence during a series of compliance visits between February and August 2025. The Police were concerned that not all breaches had been rectified on their last visit on 27 August 2025, despite advising the licence holder’s representatives in writing on three occasions. As a result, the Police did not have confidence in extending the provisions of the licence when existing conditions had been repeatedly breached.

The Sub Committee noted that the hearing was originally due to take place on 16 September 2025 but had been adjourned at the applicant’s request to allow them time to put measures in place to satisfy the police. It was noted that the premises now had a comprehensive food menu and a fully operational kitchen during licensable hours to ensure that the sale of alcohol remained ancillary to the service of food. Much of the alcohol display had been removed. Ongoing staff training was now in place. At the hearing the applicant’s representative confirmed that a Designated Premises Supervisor would be on the premises at all times during licensable activity. He acknowledged that it had taken some time to put in place the steps to address the breaches but assured the Sub Committee that the premises would be fully compliant going forward.

The Sub Committee acknowledged the challenges presented by the increase in levels of anti social behaviour and crime and disorder in Westover Road and the resources involved in policing areas with high levels of demand. There were often reports of gatherings, some alcohol related, associated with street homeless and aggressive begging, but the problems in the area were many and varied and occurred at all times of day and night. However, the Sub Committee was mindful that there was nothing to indicate that the operation of the premises was linked to these issues or that it had been a contributory factor in the increase in crime and disorder. There was insufficient information to demonstrate that the variation to the licence would undermine the licensing objectives The Sub Committee also noted the view of the applicant’s representative that regulated premises such as Tony’s Café may actually serve to enhance the area and counteract some of the problems.

It was extremely regrettable that several breaches of the current licence conditions had occurred previously and that these had not been rectified until very recently, despite the Police’s best efforts to support the premises. However, the Sub Committee was satisfied with the assurance provided by the applicant’s representatives, that since the Police’s last visit these issues had now been addressed. The Police confirmed that no further visits had taken place since 27 August 2025.

In conclusion, the Sub-Committee was satisfied that, provided the premises operate in accordance with the conditions on its licence, the licensing objectives should not be undermined, and the application to vary the premises licence was accordingly granted. The Sub Committee was clear in its expectation that the premises operate in a responsible manner and that no further breaches of licence conditions should occur.

It was noted however that a review of the premises licence may be sought at any time by a Responsible Authority or any other person should future issues arise that may undermine the licensing objectives.

In reaching this decision, the Sub-Committee had regard to the Bournemouth, Christchurch and Poole Council Licensing Policy, the Secretary of State’s revised guidance, and the licensing objectives set out in the Licensing Act 2003. All parties have the right to appeal this decision to the Magistrates’ Court within 21 days of receiving written notification from the Licensing Authority.