Agenda item

Boscombe Promenade and Beach

BCP Council has made an application to vary the premises licence to enable outdoor pop up catering sites across the Seafront to enhance the existing offering for the main season.

The application is to add the sale of alcohol every April – September from 10:00 to 22:00 (with the exception of the Air Festival each year where alcohol would remain from 10:00 to 23:00.)

 

The application is brought before the Licensing Committee for determination.

Minutes:

 

The following persons attended the hearing:

 

Sarah Rogers, BCP Senior Licensing Officer

Tanya Coulter, BCP Legal Advisor to the Committee

Michelle Cutler, BCP Clerk to the Committee

 

Helen Wildman - BCP Council Events Manager – Representing the Applicant

Noel Oliver – BCP Council Seafront Contracts Manager – Representing the Applicant

 

Matthew Taylor – BCP, Senior Environmental Health Officer - Objector

 

Sergeant Gareth Gosling   - Dorset Police - Objector

 

Member of the public who have made representations and requested to speak:

 

Mr Chadwick

Mr Reichwald

 

The Chairman made introductions and explained the procedure for the Hearing which was agreed by all parties.

 

The Senior Licensing Officer presented a report, a copy of which had been circulated, along with other relevant papers for the meeting, and a copy of which appears as Appendix A to these minutes in the Minute Book.

 

The Committee was asked to consider an application for a variation to the existing premises licence for Boscombe Promenade and Beach. The application was to vary the current licence to allow the following licensable activities to take place during the requested times:

 

·       The sale of alcohol seven days a week between 10:00hrs and 22:00hrs between the months of April and September (with the exception of the annual Air Festival where the sale of alcohol would remain between 10:00hrs and 23:00hrs).

The area covered by the variation to allow the sale of alcohol during these times was identified on the plan attached to the application and shown in Appendix 1 of the Committee Report.

 

The application was brought before the Licensing Committee for determination further to the requirements of the Council’s Constitution as the applicant was BCP Council.

 

Following this, the officers from the Council’s Events Team presented their application and case.

 

The Dorset Police represented, then presented, the Police position and advised the Committee that the Police had been in discussion with the Applicant who had agreed to a total of 24 conditions to be attached to the proposed licence, which in the view of the Police would mitigate the impact of the proposed licence and support the Licensing Objectives. These conditions were identified at Appendix 4 of the Committee Report.

 

The Committee then heard from the members of the public who had made relevant representations and who had requested the right to speak at the meeting. They expanded upon their written representations and advised the Committee of their concerns and set out their reasons why they considered the proposals would not promote the Licensing Objectives.

 

All parties were invited at the appropriate time to ask questions of the other participants following their presentations. 

 

The Committee asked various questions of all parties present and were grateful for responses received. There were several questions posed and answered by both the Senior Licensing Officer and the Council’s Events Team Officers and all parties were invited to sum up before the Committee retired to make its decision. Before concluding the Hearing, the Legal Advisor advised all parties of the right of appeal.

 

It was RESOLVED that the application to vary the premises licence, in respect of ‘Boscombe Promenade and Beach’ be GRANTED to enable the sale of alcohol seven days a week between 10:00hrs and 22:00hrs between the months of April and September (with the exception of the annual Air Festival where the sale of alcohol would remain between 10:00hrs and 23:00hrs), subject to the inclusion of the conditions offered by Dorset Police and agreed with the Applicant, detailed in Appendix 4 of the Committee Report along with those consistent with the Operating Schedule.

 

Reasons for the Decision

 

The Committee gave detailed consideration to all the information that had been submitted before the meeting and contained in Agenda Item 5, in particular the 6 written representations made by ‘other persons’, who are local residents living close to the ‘Boscombe Promenade and Beach Area’ and the Representation made by Dorset Police.

 

The Committee noted that Bournemouth Town Watch had withdrawn their written representation following mediation between the  Applicant and Dorset Police resulting in 24 conditions being offered on the application.

 

The Committee also considered the verbal representations of Mrs Rogers, Licensing Officer and alsoHelen Wildman, Events Manager and Noel Oliver, Seafront Contract Manager both representing the Applicant, BCP Council, Mathew Taylor, Environmental Health Officer, BCP Council, Sergeant Gosling, Dorset Police and the ‘other persons’ who had made verbal representations, namely Mr Chadwick and Mr Reichwald.

 

The Committee acknowledged the concerns raised in the written and verbal representations but did not find any evidence to justify a refusal of the application. It was satisfied that if operated in accordance with the conditions both offered in the application and imposed, that the premises should not undermine the licensing objectives.

The Committee did consider the potential cumulative impact of the proposed variation in that there are already premises in the area licensed to sell alcohol and although didn’t consider that this would be of sufficient impact to justify refusal of the application did consider that it would be preferable if the proposed pop-up restaurant was located to the Eastern end of the licensed area to ensure a wider geographical spread of the restaurant offer in the area. The Committee agreed this impact would need to be monitored over time.

It was noted that a review of the premises licence could be applied for at any time by the Responsible Authorities or any other person should any problems associated with the licensing objectives in relation to the premises occur once the licence was granted.

 

Right of Appeal

 

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.

 

Decision: Unanimous

 

Present for the Decision

Cllr J Butt – Chair of the Committee

Cllr R Burton

Cllr N Decent

Cllr B Dion

Cllr G Farquhar

Cllr T Johnson

Cllr D Kelsey

Cllr L Williams

Cllr A Hadley

Cllr B Dove

Cllr D Farr

 

The Legal Advisor to the Committee and Clerk were present during the decision making process but did not participate in the decision.

 

Supporting documents: