Agenda item

Attendance:

From BCP Council:

Nananka Randle – Licensing Manager

Trudi Barlow – Licensing Technician

Johanne McNamara – Senior Solicitor

Mary Almeida – Lawyer (Observing)

Joseph Tyler – Democratic and Overview and Scrutiny Officer

On behalf of the Premises Owner:

Philip Day – Solicitor representing the Premises Owner

Shaun De Kment– Premises Owner

Wendy Lovett – Supporting the Premises Owner

Emma Moscrop – Trainee Solicitor (Observing)

Other persons:

Councillor John Beesley

Mr Stephen Nichols

Mr Alan Burton-Smith

Mr A. Patlewicz

Mr Phil Arnold on behalf of Mr G. Isherwood

Press: 1

The Chairman opened the hearing, made introductions and explained the procedure for the hearing, to which all parties agreed. Further introductions were made for those who had submitted representations and had requested to speak during the hearing.  

The Sub-Committee were asked to consider an application for a new premises licence at Bar Beyond, Whitley Court. Members heard that the application was for the supply of alcohol on the premises from Monday to Sunday 10:00 to 23:00 hours and late-night refreshment Monday to Sunday 23:00 to 23:30 hours. It was explained that 31 interested parties made representations against the application based on all four of the licensing objectives. The Sub-Committee heard that, following mediation with Environmental Health Pollution Control and a subsequent condition being agreed, there were no representations made by any of the responsible authorities.

The Solicitor representing the Premises Owner presented the application and gave an overview of the relevant licensing policies applicable. The Sub-Committee heard from the Solicitor that the application should be considered as an ‘exceptional case’, one that merited a departure from point 15.11 of the Licensing Act 2003, Statement of Licensing Policy. The nature of the business was discussed, including explanations on the type of activities and events that would take place on the premises. The Solicitor emphasised that no responsible authority, specifically Dorset Police, had submitted a representation, and although to did not identify support for the application, it demonstrated neutrality towards it. Members asked questions regarding an incident that was alleged to have been connected with an event at Bar Beyond on 3^rd November 2019. The Premises Owner and Solicitor explained how there was a discrepancy in the alleged timings of the incident and contested whether they could be attributed to Bar Beyond in any way.

The Chairman introduced the Other Persons who each gave verbal representations. The verbal statements covered all four of the licensing objectives, namely the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

Members of 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.

RESOLVED that: -

The Sub-Committee made it clear that in considering the matter, they only had regard to the four Licensing Objectives and not any other issues raised by any party.

Having heard from the applicant and representations from the Ward Councillor and local residents, both in person and in writing and having regards to the statement of licensing policy, most notably paragraph 15.12 and the statutory guidance, the decision was made to depart from the Cumulative Impact Policy.

The Sub-Committee decided to grant the application, subject to the further conditions as proposed. The further conditions, under the subheading The Prevention of Public Nuisance, were:

1)         The external area shall not be used for drinking after 21:00 hours daily and thereafter, a maximum of 10 persons will be allowed in that area at any one time to smoke or otherwise.

2)         At all times the premises are open for licensable activities, either the door leading into/out from the premises or the door between the entrance lobby and the function room itself (or both) will be kept closed, save for normal access and egress’

3)         No refuse shall be placed or moved outside the premises between 22:00 hours and 08:00 hours.

Reasons for decision:

The Sub-Committee gave detailed consideration to the written evidence that had been submitted before the hearing, along with the verbal submissions made at the hearing by all parties. In making its decision the Sub-Committee considered the representations made by the other persons, the submissions made by and on behalf of the applicant, the relevant licensing objectives, the Licensing Act 2003, and Statement of Licensing Policy. The Sub-Committee agreed that the application should be granted due to the following exceptional reasons:

1)         The size of the premises

2)         The proposed opening hours

3)         The proposed use as referred to by the applicant at today’s hearing

4)         Noting no representations from any responsible authority, in particular, Dorset Police

5)         Noting the contents of the email from Dorset Police, dated 27 November 2019

6)         Having regard to the proposed terms set out in the application

The Chairman stated that the sub-committee found it a difficult decision to reach and stressed that they hoped there would be no problems going forward. The Sub-Committee reminded all parties that the license could be subject to enforcement action should any problems occur.