Agenda item

Savers Health and Beauty Limited have made an application for a premises licence at 41 Old Christchurch Road, Bournemouth.

The application is to permit the supply of alcohol (off sales only) from 07:00 to 20:00 Monday to Saturday and 09:00 to 17:00 on Sundays.

Present: 

From BCP Council: 

Tania Jardim – Licensing Officer 

Linda Cole – Legal Advisor to the Sub-Committee 

Christiane Tan– Clerk to the Sub-Committee 

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 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 alcohol premise licence for the premises known as 41 Old Christchurch Road, Bournemouth, BH1 1DS, to permit the supply of alcohol (off sales only) from 07:00 to 20:00 Monday to Saturday and 09:00 to 17:00 on Sundays. In response to the application representation(s) had been received from a Bournemouth Town Councillor on the grounds of the prevention of crime and disorder, prevention of public nuisance and public safety licensing objectives.  

Publication of the Officer’s report, as well as the supplementary pack that includes correspondence between the applicant’s Licensing Advisor and the Town Councillor, can be found as Appendix ‘A’ to these minutes in the Minute Book. 

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

Mike Morgan – Regional Manager for application

Elizabeth Mooney – Area Manager for application

Councillor Michael Labidi – Bournemouth Town Council, objector 

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 Savers Health and Beauty Ltd for a Premises Licence at Savers, 41 Old Christchurch Road, Bournemouth, BH1 1DS for the supply of alcohol (off sales only) from 07:00 to 20:00 Monday to Saturday and 09:00 to 17:00 on Sundays be GRANTED, subject to the mandatory conditions prescribed by the Licensing Act 2003, the conditions consistent with the operating schedule set out at Section 18 of the application, and the following additional condition volunteered by the Applicant:

No high-strength spirit products over 20% AVB shall be sold from the premises.

(Note: the offered condition was amended for clarity post hearing with agreement of the applicant).

Reasons for Decision:

The Sub-Committee gave detailed consideration to all the written and oral evidence before it, including the report for Agenda Item 5, the supplementary information subsequently received and published, the submissions made at the hearing by Mike Morgan, Regional Manager, and Elizabeth Mooney, Area Manager on behalf of the Applicant, and by Councillor Michael Labidi on behalf of Bournemouth Town Council who made a representation objecting to the application.

The Applicant explained that Savers has sold alcohol from its stores since 2012 and currently holds premises licences at approximately 320 stores across the UK. The Sub-Committee noted the Applicant's evidence that the business is not a specialist alcohol retailer, that alcohol accounts for only a small proportion of its overall sales, approximately 1%, and that it does not intend to stock premium or high-strength spirit products. The Applicant further offered a condition that no spirits would be sold from the premises. In response to concerns raised regarding crime and disorder and public nuisance, the Applicant outlined the measures that would be in place to promote the licensing objectives, including staff training, CCTV, the presence of a security guard at the store entrance, the location of alcohol displays in view and close to the tills, and participation Bournemouth Shop Watch Radio Scheme. The Sub-Committee also noted that the premises is situated near a number of other off licensed premises on Old Christchurch Road.

The Sub-Committee noted the concerns raised by the objector regarding the potential impact of the application on the prevention of crime and disorder and the prevention of public nuisance. Concerns were expressed that the sale of alcohol from the premises could contribute to anti-social behaviour in the locality and that the premises would have no control over alcohol once it had been sold, making any resulting issues more difficult for the Police to address. The Sub-Committee noted, however, that no Responsible Authority had maintained a representation in respect of the application and that no specific evidence had been provided to demonstrate that the operation of the premises, as proposed and subject to the offered conditions, would undermine the licensing objectives.

The Sub-Committee noted that the Anti-Social Behaviour Team had initially submitted a representation in respect of the application, which was subsequently withdrawn.

Having carefully considered the application and all the evidence before it, the Sub-Committee was satisfied that the Applicant is a responsible retailer with significant experience of operating licensed premises. It noted that there is no Cumulative Impact Assessment in force for this area and, applying the principles in the Thwaites case, considered the application on its individual merits. Having regard to the absence of any representations from Responsible Authorities, the conditions contained in the operating schedule, and the additional condition offered by the Applicant prohibiting the sale of spirits, the Sub-Committee concluded that the grant of the licence would not undermine the licensing objectives and determined that the application should be granted.

In making this decision the Sub-Committee had regard to the Bournemouth, Christchurch and Poole Council Licensing Policy, the Secretary of State's Guidance issued under section 182 of the Licensing Act 2003, and the licensing objectives set out in the Licensing Act 2003. The Sub-Committee also took account of paragraph 1.18 of the guidance, which states that licensing authorities should consider the need to promote growth and deliver economic benefits when making licensing decisions, whilst ensuring that the licensing objectives are promoted.

All parties to the application have the right to appeal to the Magistrates' Court within twenty-one days beginning with the day on which the applicant is notified in writing of the Licensing Authority's decision.