Agenda item

TLT Solicitors has made an application on behalf of Bournemouth Food Market Ltd for a new premises licence for a food market  located at 82 Old Christchurch Road Bournemouth, BH1 1LR.

The application seeks permission for the on and off sales of alcohol between 12:00 and 22:00 every day of the week.

The application attracted 1 representation from 1 other person 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.

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

 

Present:

 

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Johanne McNamara – Legal Advisor

Michelle Cutler – 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 Senior 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 TLT Solicitors on behalf of Bournemouth Food Market Ltd for a new premises licence for a food market located at 82 Old Christchurch Road Bournemouth, BH1 1LR.

The application sought permission for the on and off sales of alcohol between 12:00 and 22:00 every day of the week.

The application had attracted 1 representation from 1 other person 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.

 

The 1 other person did not attend so their representations were considered based on their written submissions.

 

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 made by TLT Solicitors on behalf of Bournemouth Food Market Ltd for a new premises licence at 82 Old Christchurch Road Bournemouth, BH1 1LR, to permit the on and off sales of alcohol between 12:00 and 22:00 every day of the week, be GRANTED with the additional conditions agreed as a result of mediation with the applicant as follows:

 

Conditions agreed with Trading Standards

 

·       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 be prominently displayed in the premises.

 

·       A refusals register will be kept at the premises and used to record any refusals of sales of alcohol (e.g. no ID/ underage/ drunk). The register will be signed off and dated by the Designated Premises Supervisor on a weekly basis as being an accurate record.

 

·       All staff must receive training regarding the four licensing principles contained in the Licensing Act 2003: - Responsible retailing of alcohol, and the law and the conditions attached to the premises licence. Training must include evidence that the trainee has gained knowledge and understanding of the training, which may consist of a test or quiz, completed by the trainee. Documented records of training completed shall be kept for each member of staff for a minimum of 12 months and signed off by a supervisor.

 

Conditions agreed with Dorset Police Drug and Alcohol Action Team 

 

·       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.

 

·       Cider shall not be sold in bottles of any type that are larger than 2.5 litres in volume.

 

·       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 spirits and high value alcohol products such as champagne shall only be stored behind the sales counter and shall not be directly accessible to customers.

 

·       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 be prominently displayed in the premises

 

Condition imposed by the Licensing Sub-Committee

 

·       The premises must be a member of the local Townwatch scheme and is expected to participate actively, attend meetings, and abide by group decisions regarding banned individuals.

 

Reasons for decision:

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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 representation made from one other person 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, Senior Licensing Officer and Mr Michael Labidi, the Applicant. The Objector, Mr Steve Davies, was not in attendance, however, it is confirmed that the Licensing Sub-Committee had read the representation and had taken note of its contents.

 

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 both Trading Standards and Dorset Police Drug and Alcohol Team to agree additional conditions to attach to the licence. 

 

The Sub-Committee noted that the Premises had previously operated as a Pizza Hut, which benefited from an existing licence, which permitted the on sale of alcohol between 10:00 and 00:00 Monday to Saturday, and between 12:00 and 23:30 on Sunday. The new application sought to permit the on and off sales of alcohol between 12:00 and 22:00 every day of the week, which was a significant reduction in licensable hours.

 

The Sub-Committee noted that the premises already benefited from soundproofing and that additional soundproofing measures were going to be installed.

 

The Sub-Committee also welcomed the Applicant’s comments regarding engagement of security measures between 18:00 hrs and 22:00 hrs on the days the premises would be open. However, it did not consider it proportionate to impose this as a condition on the licence at this time. During its deliberations, the Sub-Committee considered it proportionate to add a condition to the licence requiring the premises to become an active member of the local Townwatch scheme, given its location within Bournemouth’s nighttime economy. The Sub-Committee felt this measure was ?appropriate to uphold the licensing objectives of public safety and the prevention of public nuisance.

 

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.

 

The Sub-Committee was impressed with the Applicant’s knowledge and business model and had confidence in his ability to uphold the four licensing objectives and run the premises in a safe and responsible manner.

 

Members noted the fears expressed in the written representation from Mr Davies 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 attached conditions, there was no evidence to conclude that the licensing objectives would not be promoted, and the application was accordingly granted. 

 

The Sub-Committee had regard to the revised Section 182 Licensing Act 2003 Statutory Guidance, and in particular paragraph 1.18, which states that when making licensing decisions, all licensing authorities should consider the need to promote growth and deliver economic benefits. The Sub-Committee noted that the Applicant intended to bring renewed life back to the High Street in line with this principle.

 

In reaching this decision, the Sub-Committee had regard to the Bournemouth, Christchurch and Poole Council Statement of 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.

 

It was also noted 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.

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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.