Agenda item

To consider an application by Dorset Police to review the premises licence relating to the prevention of crime and disorder licensing objective.

Attendance:

 

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Michelle Fletcher – Licensing Officer

Johanne McNamara – Senior Solicitor

Linda Cole – Senior Solicitor

Michelle Cutler – Clerk - Democratic and Overview and Scrutiny Officer

 

On behalf of the Applicant, Dorset Police:

Louise Busfield – Drug and Alcohol Harm Reduction Team

Sergeant Gareth Gosling – Drug and Alcohol Harm Reduction Team

 

On behalf of the Premises:

Mr Philip Day – Solicitor representing the Premises

Tomasz Jodlowiec – Designated Premises Supervisor

Dorata Wojtas – Potential Premises Licence Holder

Liliana Ostrowska – Potential Designated Premises Supervisor

 

Observers:

Andy Williams – Director of Communities

Nicky Hooley – Democratic Services Officer

 

Press: 1

 

The Chairman opened the Hearing and introductions were made. The Clerk announced the housekeeping arrangements.

 

The Senior Licensing Officer presented the report which summarised the details of the Application as set out in Agenda item 4, 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 by Dorset Police to Review the Premises Licence for the Premises known as ‘Riviera Bar and Restaurant’, 560 Christchurch Road, Bournemouth.

 

The Sub-Committee was advised that Dorset Police believed that the Premises was being operated in contravention of the licence conditions and that several significant incidents had occurred as a result of mismanagement which had led to significant disorder. Dorset Police no longer had confidence in the Designated Premises Supervisor (DPS) and the Premises Licence Holder.

 

A representation from the Licensing Authority had been submitted in support of the application and Dorset Fire and Wiltshire Fire and Rescue Service had issued an Enforcement Notice following a visit to the Premises.

 

Mr Day, Solicitor representing the Premises, addressed the Sub-Committee. He advised that mediation had taken place between the Premises and Dorset Police in the lead up to the Hearing.

 

Mr Day advised that he would not defend the incidents that had previously occurred at the Premises as he accepted that they had taken place. He advised that he had recently visited the Premises and was pleased to report that there had been a number of significant improvements in the operation of the Bar, as detailed in his email to Dorset Police on 28 January 2020.

 

The Sub-Committee was informed that the CCTV system had been overhauled and enhanced and there were now 16 cameras in place, with additional cameras still to be installed.

 

All issues raised in the full Fire Risk Assessment had been dealt with bar two exceptions:- a crash bar needed to be fitted to the basement rear fire escape and music needed to be muted in the event of the fire alarm sounding.

 

The concerns raised by Dorset Police regarding the recording of incidents had been rectified.

 

Mr Day informed the Sub-Committee that Dorset Police had agreed to the conditions proposed by Mr Day in an email exchanged dated 28 January 2020.

 

Mr Day confirmed that the current DPS, Mr Jodlowiec, was disposing of his interests in the Premises and it was proposed that Ms Ostrowska and Ms Wojtas become the new Premise Licence Holders with Ms Ostrowska as proposed DPS. Mr Jodlowiec and his business partner, Mr Bockla, would no longer have any dealings with the Premises and had agreed to sell the Premise to Ms Ostrowska and Ms Wojtas. Mr Jodlowiec would need to have some involvement in the Premises up to the point of sale.

 

The Sub-Committee then heard from Louise Busfield Dorset Police, who gave an overview of the Application and advised that Dorset Police had no confidence in the Premises Licence or DPS to manage the Premises.

 

Sergeant Gosling, Dorset Police, explained that Dorset Police would like reassurance that the current Premises Licence Holder and DPS would not be involved in the Premises. He added that there were risks involved with two new persons taking over the Premises, however, Dorset Police would work with them moving forward to meet the objective of having safe and lawful premises in Bournemouth, Poole and Christchurch. Dorset Police would closely monitor the Premises and would seek another Review if concerns remained.

 

The Licensing Officer, addressed the Sub-Committee and explained that she had accompanied Dorset Police on a number of visits to the Premises. Extensive support had been provided by Dorset Police, Dorset and Wiltshire Fire Authority and the Council’s Licensing Team and although some compliance had been achieved over the years it had not been continued and the Licensing objectives were not being met. The Licensing Officer advised that she agreed with the proposed  Conditions resulting from recent mediation discussions between the Applicant and the Premises.

 

The Sub-Committee asked various questions of all parties present at the Hearing. All parties were given the opportunity to ask questions of one another. All parties were then able to sum up before the Sub-Committee retired to make its decision.

 

It was RESOLVED that:-

 

having considered the Report of the Senior Licensing Officer, the Review called by Dorset Police and the representation made by BCP Licensing Authority, the Sub-Committee has taken into account the mediation that has taken place between Dorset Police and Mr Day, Solicitor representing the Premises, and has agreed that the conditions offered, along with the change of the Designated Premises Supervisor and Premises Licence Holder as of today, also the sale of the Business and the fact that Mr Tomasz Jodlowiec and Mr Bockla will no longer be involved from the date of the sale.

 

The Sub-Committee has agreed to modify the conditions as set out in the email of 28^th January 2020 from Mr Day to Sergeant Gosling, Dorset Police, as detailed below.

 

1. The removal of condition 1.9
2. Condition 2.2.2 be amended to read ‘A Staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. Facilities shall be made to allow Police and other authorised officers to view recordings immediately on request and to be provided with copies in a playable format as soon as is reasonably practicable provided that any such request is compliant with data protection legislation’.
3. The inclusion of a new Condition at 2.3.3 to read ‘If any event or function is scheduled to take place at the premises that is different from the normal day to day operation (for example the showing of a major televised sporting event, or a private booking or promoted event), a risk assessment shall be undertaken to determine whether or not door supervisors (or additional door supervisors as the case may be) need to be deployed on such occasions. Copies of any risk assessments will be made available to the Police on request.
4. Remove Condition 2.4 and replace with the following ‘Customers shall not be permitted to take drinks out to the front of the premises at any time and notices shall be prominently displayed at the main exit from the premises to that affect. The rear smoking area shall be closed no later than 19:00 hours each night and customers shall not be permitted in that area after 19:00 hours. A notice to that effect shall be prominently displayed on or next to the doors leading to the said smoking area.
5. Condition 2.5 be amended to read ‘All bar staff shall be instructed to make a written record of any occasion upon which a customer is refused the sale or supply of alcohol (or is asked to leave the premises other than at closing time), the reason for the refusal and any further action taken. The refusal records shall be reviewed by the DPS or his/her deputy at least once a week and signed to that effect.
6. Remove Condition 2.6 and replace with ‘An incident book shall be maintained at the premises and used to record any incident that takes place at times when SIA registered door supervisors are deployed if the incident involves any of the following:

                 i.          A criminal offence occurring in or immediately outside the premises.

               ii.          Any occasion upon which a customer is ejected or removed from the premises (other than at closing time).

             iii.          Any visit by the Police or BCP Council Licensing Officers.

             iv.          Any incident reported to the Police and;

in each case, details of the incident and the names of all staff members dealing with the incident shall be noted.

7. Amend Condition 2.10 to read ‘Soft drinks shall be available during the cooling down period.
8. Amend Condition 2.12 to read as follows ‘No child under the age of 18 shall be permitted in the premises at any time unless unaccompanied by a responsible adult. No child under 18 shall be admitted to or allowed to remain on the premises after 19:00 hours and a notice to that effect shall be prominently displayed at or near the entrance. The premises shall operate a ‘Challenge 25’ policy whereby any person who appears to be under the age of 25 will be required to produce photographic identification and proof of age as required by the mandatory conditions, before being sold or supplies with alcohol. Signage advertising the policy shall be prominently displayed at or near the entrance to the premises.

 

Reasons for decision:

 

Due to the agreement reached between the Premise Licence Holder and Dorset Police, and particularly Dorset Police and BCP Licensing Authority commenting that they are supportive of these moves, the Sub-Committee is satisfied that the Licensing Objective to prevent Crime and Disorder would not be undermined.

 

Right of Appeal

 

The Legal Advisor reported that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of this decision in writing.