Agenda item

Cilem Altun has made an application for a new premises licence for a convenience store  and post office located at 24 Church Street, Christchurch, BH23 1BW.

 

The application seeks permission for the off sale of alcohol between 07:00 and 00:00 from Monday to Saturday and from  07:00 to 23:00 on Sunday.

 

The application attracted 3 representations from 3 other persons on the grounds that granting the application would undermine the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm licensing objectives. However,  following mediation 1 representation was withdrawn leaving 2 remaining.

 

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

 

Present:

 

From BCP Council:

Sarah Rogers – Principal Licensing Officer

Johanne McNamara – Legal Advisor

Jill Holyoake – Clerk to the Sub Committee

 

The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all parties present.

 

The Principal Licensing Officer presented a report, a copy of which had been circulated to each Member 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 made by

Cilem Altun for a new premises licence for a convenience store and post office located at 24 Church Street, Christchurch, BH23 1BW. The original application sought permission for the off sale of alcohol between 07:00 and 00:00 from Monday to Saturday and from 07:00 to 23:00 on Sunday.

 

In response to the application three representations had been received from other persons on the grounds that granting the application would undermine the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm licensing objectives. Following mediation, one representation was withdrawn leaving two remaining.

 

The applicant had engaged in successful mediation with Environmental Health and Dorset Police to agree additional conditions to attach to the licence if granted, as set out in the report.

 

The premises was formally a restaurant known as Loch and Quay which benefitted from a current Premises Licence, further information in relation to this was included in the report.

 

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

 

·       Cilem Altum, the applicant

 

The two other persons did not attend so their representations were considered based on their written submissions, including the supplementary statement submitted by Objector 2.

 

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.

 

RESOLVED that the application for a new premises licence for a convenience store and post office located at 24 Church Street, Christchurch, BH23 1BW to permit the off sale of alcohol be GRANTED with the additional conditions agreed as a result of mediation with the applicant as follows:

 

Conditions agreed with Environmental Health:

 

·       No collections of waste or recycling materials from the premises shall take place between 21.00 and 07.00hrs on the following day.

·       No deliveries (except newspapers) to the premises shall take place between 23.00 and 07.00 on the following day.

·       All staff including delivery drivers will be trained (and the training signed by employees) making them aware that they must be considerate of neighbouring premises; a sign requiring this will also be placed on the access doors at all times.

 

Conditions agreed with Dorset Police:

 

·       Reduction of licensable hours for the supply of alcohol from 09:00 - 00:00 Monday to Saturday and 09:00 - 23:00 Sunday*

·       No single cans or bottles of beer or cider shall be sold at the premises.

·       No super-strength beer, lagers or ciders of 5.5% ABV (alcohol by volume) or above shall be sold at the premises.

·       Outside of the hours authorised for the sale of alcohol, all alcohol within the trading area is to be secured behind locked grills, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers or staff.

·       There shall be no self-service, by patrons, of spirits on the premises.

·       All staff involved in the sale of alcohol shall receive training on the law relating to prohibited sales, the age verification policy adopted by the premises and the conditions attaching to the premises licence. Refresher training shall be provided at least once every 6 months. A record shall be maintained of all staff training and that record shall be signed by the person receiving the training and the trainer. The records shall be kept for a minimum of 12 months and made available for inspection by police, licensing or other authorised officers.

·       The premises shall install and maintain a comprehensive CCTV system, all entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period. The CCTV system should be updated and maintained according to police recommendations.

·       An incident log shall be kept at the premises. The log should include the date and time of the incident and the name of the member of staff involved. The log to be made available on request to an authorised officer of the Council or the Police, which will record the following:

 

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received

(d) any incidents of disorder 14

(e) any faults in the CCTV system or searching equipment or scanning equipment

(f) any refusal of the sale of alcohol

(g) any visit by a relevant authority or emergency service.

Challenge 25, shall be operated at the premises where the only acceptable forms of identification are (recognised photographic identification cards, such as a driving licence or passport I Holographically marked PASS scheme identification cards). Appropriate signage advising customers of the policy shall prominently displayed in the premises.

 

*At the hearing the applicant confirmed that she was content to retain the terminal hour for the supply of alcohol on Sunday as 23.00 in accordance with her original application rather than the 00:00 indicated by Dorset Police

 

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 and all of the supplementary papers for Agenda Item 5, including the information provided by the applicant in their application and the written representations made from two other persons in objection to the application on the grounds that to grant the premises licence would undermine the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm licensing objectives.

 

The Sub-Committee also considered the verbal submissions made at the hearing by those in attendance, Mrs Sarah Rogers, Principal Licensing Officer and Mrs Cilem Altum, the applicant. In the absence of the two other persons the Chair and Members of the Sub Committee wished to confirm that they had read both objections and the additional written information provided by Objector 2 in support of their representation.

 

The Sub Committee noted that the premises was formally a restaurant known as Loch and Quay. The premises currently benefitted from a premises licence which permitted the on and off sales of alcohol between 08:00 and 01:00 and late-night refreshment between 23:00 and 01:30 every day of the week.

 

The Sub Committee heard that the applicant had experience of operating a licensed premises in Southbourne Grove which traded with the same convenience store format as that proposed for 24 Church Street with the retention of Post Office services. During that time the premises in Southbourne Grove had operated responsibly with no issues reported. The Sub Committee noted that in her verbal submission the applicant demonstrated a comprehensive awareness and understanding of the steps required to promote the four licensing objectives in relation to the application, as set out in Section M of the application form.

 

The Sub-Committee noted that no Responsible Authorities had made an objection to the application and that the applicant had engaged in successful mediation with Environmental Health and Dorset Police to agree additional conditions to attach to the licence. The applicant had also been willing to engage with the two other persons but no approach was forthcoming. The applicant explained that if possible she would like to retain the 00.00 terminal hour for the supply of alcohol agreed with the Police for business reasons. As with the premises in Southbourne Grove, the 00.00 hour would also ensure the premises ceased the supply of alcohol before other licensed premises in the vicinity. The applicant indicated that she would continue to work with the Council and Dorset Police to promote the licensing objectives as required

 

With regard to the concerns raised in the representations, the Sub Committee could not take into consideration the ‘need’ for an additional licensed premises or the number of licensed premises already in the area, as the premises was not situated in a communitive impact area.

 

The Sub Committee was only able to consider whether this premises would undermine the licensing objectives. Members noted the fears expressed that an additional licensed premises would lead to an increase in crime and disorder and public nuisance, have an adverse impact on public health and alcohol related harm and increase exposure and availability of alcohol to children.

 

However, the Sub Committee was satisfied that, provided the premises operated in accordance with its operating scheduled and complied with the conditions agreed during mediation, there was no evidence to conclude that the licensing objectives would not be promoted, and the application was accordingly granted.

 

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 (including the updated paragraph 1.18), and the licensing objectives set out in the Licensing Act 2003.

 

All parties have the right to appeal this decision to the Dorset Magistrates’ Court within 21 days of receiving written notification from the Licensing Authority.