Agenda item

Kenan Gokdogan has made an application for a new premises licence for a convenience store located at 57 High Street, Christchurch, BH23 1BW.

The application seeks permission for the off sale of alcohol between 07:00 and 23:00 every day of the week.

The application attracted 2 representations from 2 other persons on the grounds that to grant 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 However,  following mediation 1 representation was withdrawn leaving 1 remaining.

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

Present:

From BCP Council:

Ellie King – Licensing Officer

Andy McDiarmud – Legal Advisor

Claire Johnston – 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 Kenan Gokdogan has made an application for a new premises licence for a convenience store located at 57 High Street, Christchurch, BH23 1BW.

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

In response to the application two 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 Following mediation, one representation was withdrawn leaving one remaining.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:

·       Oktay Kurtoglu - DPS and representing Kenan Gokdogan 

The other person did not attend so their representations were considered based on their written submissions, including the supplementary statement submitted.

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 57 High 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 Dorset Police:

·       Reduction of licensable hours for the supply of alcohol from 07:00 - 23:00 to 09:00 - 23:00

·       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

(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 be displayed in the premises.

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 7, including the information provided by the applicant in their application and the written representations made from one 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 E King, Licensing Officer and Mr Kurtoglu, DPS on behalf of the applicant. In the absence of the other person making a representation the Chair and Members of the Sub-Committee wished to confirm that they had read the objections and the additional written information provided by the other person in support of their representation.

The Sub-Committee heard that the Designated Premises Supervisor had experience of operating several different licensed premises within the BCP area in Purewell, Springbourne and Westbourne covering a period of 20 years. The Sub-Committee noted that these premises appear to have operated correctly during that time and they were not aware of any reported issues The Sub-Committee noted that in their verbal submission the applicant demonstrated an 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 other Responsible Authorities had made an objection to the application and that the applicant had engaged in successful mediation with Dorset Police to agree additional conditions to attach to the licence. The applicant engaged in mediation with the other persons; however this mediation was not successful.

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 cumulative 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 schedule 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.