Agenda item

An application has been received for a new Premises Licence for the premises known as ‘Whittles’, 3 Station Approach, Poole, BH18 8AX. This matter is brought before the Licensing Sub-Committee for determination.

Attendance:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Frank Wenzel – Licensing Team Manager

Johanne McNamara – Senior Solicitor

Sarah Culwick – Democratic Services

On behalf of the Premises Owner:

Martyn Banyard

Other persons:

Councillor Vikki Slade

Dorothy Tricksey

Joyce Jones

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 Licensing Team Manager 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 of the Sub-Committee and a copy of which appears as Appendix ‘A’ to the Minutes in the Minute Book.

The Sub-Committee were asked to consider an application for a new premises licence at Whittles, 3 Station Approach, Poole. Members heard that the application was for the supply of alcohol on the premises from Monday to Sunday and that following mediation with Dorset Police the original application had been amended to reduce times for selling alcohol and reduce the opening hours plus remove any live music requirement which was outside the remit of the Live Music Act.

The applicant gave an overview of the application and the nature of the business which was intended to be a high end café restaurant and bar. In addition the applicant explained the type of activities and events that would take place on the premises.

In addition the applicant explained that he had met with those objecting to the application in order to help allay their concerns.

The Chairman introduced the Other Persons who each gave verbal representations. The verbal statements covered 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.

It was RESOLVED that:-

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 and the statutory guidance having also noted successful mediation between the applicants and local residents and noting that there are no objections from Dorset Police.

The Sub-Committee was minded to grant the licence with the following additional conditions:

Under Crime and Disorder

-       This staff member shall be able to show relevant authorities data or footage with the absolute minimum of delay where requested.

Under the prevention of public nuisance

-       the outside area shall not to be used after 2300 hours

Reasons for decision:

In making its decision the Sub-Committee considered the representations made by the other persons, the submissions made by the applicant, the relevant licensing objectives, the Licensing Act 2003, and Statement of Licensing Policy. The Sub-Committee were satisfied that the premises if operated as outlined in the application and with the additional conditions as set out above should not undermine the Licensing Objectives.

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 the decision in writing.