Agenda item

To consider an application to vary the Premises Licence for Bistro on The Beach of Solent Promenade, Southbourne, to increase the licensable area to include the existing take away area, to add off sales for the supply of alcohol, and to identify the location of an outdoor temporary bar servery area - all in accordance with the current licence schedule and conditions.

Note: The Licensing Sub Committee at its meeting on 17 March 2020 opened and adjourned this item until 14 April 2020.

Attendance:

From BCP Council:

Michelle Fletcher – Licensing Officer

Sarah Rogers – Senior Licensing Officer

Linda Cole – Senior Solicitor

Nicky Hooley – Clerk - Democratic and Overview and Scrutiny Officer

On behalf of the Applicant, Dorset Police:

Sergeant Gareth Gosling – Drug and Alcohol Harm Reduction Team

Louise Busfield – Drug and Alcohol Harm Reduction Team

On behalf of the Premises:

Ian Meads - Premises Manager

Observers:

Jill Holyoake – Senior Democratic Services Officer

The Chairman explained the protocol detailing the procedures of the meeting, as attached to the Agenda and asked that it be agreed.  All participating parties agreed the procedure.

The Licensing Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.  The Sub Committee was asked to consider an application by Mr Ian Meads, on behalf of Mr Peter Bruton to vary the Premises Licence for Bistro on The Beach of Solent Promenade, Southbourne on the 28th January 2020. The application seeks to: Increase the licensable area to include the existing take away area Add off sales for the supply of alcohol / Identify the location of an outdoor temporary bar servery area - all in accordance with the current licence schedule and conditions.  This is a resubmission of the application as the Licensing Authority rejected the original application due to a technical issue. It was not advertised correctly in accordance with the guidelines of the Licensing Act 2003.

Mr Meads addressed the Sub-Committee on behalf of the premises and advised that Mr Bruton forwarded his apologies, as he was unable to attend the meeting.

Sergeant Gareth Gosling and Louise Busfield addressed the Sub-Committee on behalf of Dorset Police.

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.

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.

It was RESOLVED that:

Decision

The sub-committee have considered the application to vary the Premises Licence of Bistro on the Beach, Solent Promenade, Southbourne and have determined that the Transitional Grandfather rights, conditions 1.8 to 1.18 can be removed from the licence and the conditions agreed with Dorset Police and Environmental Health in 2019 as set out in the agenda be should be added to the Licence.

They refuse the application to increase the licensable area to include the existing kiosk/takeaway area and to allow off sales for the supply of alcohol.

Reasons for Decision

The sub-committee agree with the verbal and written submission off the Dorset Police that the duty of care by the operator and the licencing objectives would be undermined. And they share real concerns that the sale of alcohol as off sales would undermine the Licensing Objectives of Crime and Disorder and Public Safety. Off sales from the existing restaurant or the Kiosk would allow customers to buy alcohol to consume on the expansive beach area and the premises would have real difficulties supervising and controlling this expanse.

Cllr B Dunlop wished to be recorded as voting against the above decision.