Agenda item

Kostas Grill House Limited has made an application for a new premises licence at 735-737 Christchurch Road, Bournemouth.

The application seeks to permit recorded music (indoors only) Monday to Sunday from 12:00 to 22:00 and the supply of alcohol (on sales only) Monday to Sunday from 11:00 to 23:00.

The licensing authority has received one representation from one other person and a representation from Environmental Health.

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

Present: 

From BCP Council: 

Tania Jardim – Licensing Officer 

Andy McDiarmid – Legal Advisor to the Sub-Committee 

Christiane Tan – Clerk to the Sub-Committee 

Claire Johnston – Democratic Services

? 

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 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 for a premises licence for Kostas Grill House Limited, 735-737 Christchurch Road, Bournemouth, BH7 6AQ, to permit recorded music (indoors only) Monday to Sunday from 12:00 to 22:00 and the supply of alcohol (on sales only) Monday to Sunday from 11:00 to 23:00. In response to the application two representations had been received, from Environmental Health and one Other Person, on the grounds that to grant the application would undermine the prevention of public nuisance licensing objective.

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

·        Fatmir Bezati, Director and applicant

·        Rodion Gulakov, Designated Premises Supervisor

·        Andrew Wemyss, Environmental Health Officer

The Other Person did not attend so their representation was considered based on their written submission.

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 premises licence made by Kostas Grill House Limited for a new premises licence at Greek Corner Kostas, 735-737 Christchurch Road, Bournemouth, BH7 6AQ to permit recorded music (indoors only) Monday to Sunday from 12:00 to 22:00 hours and the supply of alcohol (on sales only) Monday to Sunday from 11:00 to 23:00 hours, be REFUSED. The Sub-Committee recognised that the applicant made amendments to the premise to mitigate the noise impact, however it did not satisfy the members that granting the license would not undermine the Prevention of Public Nuisance licensing objective.

Reasons for Decision:

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the report for Agenda Item 6, the supplementary documents, and the verbal submissions made at the hearing by Rodion Gulakov, the Designated Premises Supervisor on behalf of the Applicant, Kostas Grill House Limited, and Andrew Wemyss, Environmental Health Officer. In the absence of the Other Person, the Sub Committee wished to confirm that they had read the objection included in Appendix 3 of the report and in the supplementary documents concerning disturbances allegedly caused by the premises including loud music, noise from activities within the premises and noise from patrons outside said to have occurred on occasion, late into the evening.

The Sub-Committee was mindful that the Licensing Authority should look to Environmental Health as a main source of advice on public nuisance. The Sub-Committee noted the concerns raised by Mr Wemyss regarding noise complaints received from various residents above the restaurant since September 2025. Mr Wemyss raised concerns about the structure of the building and noise transfer. Whilst acknowledging that a significant amount of work had been done and that some speakers had been removed, Mr Wemyss stated that there were still regular occasions where noise from music or customers, or both, could clearly be heard in the flats above the restaurant and therefore Environmental Health believed that it was necessary for a professional acoustic survey to identify weak spots and recommend actions for improvement. Mr Wemyss stated that the amendments that the applicant had made to the premises were not sufficient to give full approval from Environmental Health. Members noted the concern expressed that a premises licence, if granted, could result in greater problems for the residents above the restaurant. 

The Sub-Committee acknowledged that the applicant believed that they have served the community since taking ownership since May 2025, and that the applicant stated that they are eager to accept the responsibilities that come with a granted license. The applicant stated that they currently did not have an alcohol licence, but they allowed customers to bring their own alcoholic beverages onto the premise. The applicant also stated that they knew the Other Person who objected, however clarified that there were no ill intentions towards this person. The applicant asked for permission to read a statement to respond to the Other Person, however this request was rejected by the Sub-Committee as the statement had not been submitted in writing prior to the meeting.

The Sub-Committee also recognised that the applicant had made adjustments to the premise to reduce the noise impact after a visit from the Environmental Health Officer, namely insulating the ceiling and reducing the speakers to a single unit. Despite this, the Sub-Committee believed that more work is required to be done in order to fully protect the residents living above the restaurant. 

In conclusion, the Sub-Committee was not satisfied that the premises would be able to operate without undermining the prevention of public nuisance licensing objective and therefore, the Sub-Committee agreed to refuse the application.  

In making this decision the Sub-Committee have had regard to the Licensing Act 2003 and associated Regulations, the Bournemouth, Christchurch and Poole Council Statement of Licensing Policy, the Secretary of States’s revised statutory guidance under Section 182 of the Licensing Act 2003 and the licensing objectives, also set out in the Licensing Act 2003. 

All parties to the application have the right to appeal to the Dorset 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.