Agenda item

An application has been received for a New Premises Licence for the premises known as ‘137 Redhill Drive, Bournemouth’.

This matter is brought before the Sub-Committee for determination.

Attendance:

From BCP Council:

Linda Cole, Legal Advisor to the Sub-Committee

Sarah Rogers, Senior Licensing Officer

Michelle Cutler, Clerk to the Sub-Committee

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

The Senior Licensing Officer presented the report at Agenda Item 5, a copy of which had been circulated to all parties prior to the meeting 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 for a premises licence to facilitate a cocktail delivery service at the premises known as ‘137 Redhill Drive’, Bournemouth. The provision of off sales of alcohol only was requested from 11:00 hours to 23:00 hours each day of the week.

The Sub-Committee was advised that a representation had been received from Councillor Jackie Edwards on the grounds that to grant the application  would undermine the prevention of public nuisance and the protection of children from harm. Councillor Jackie Edwards was unable to attend the Hearing and asked that her written representation be considered by the Sub-Committee.

The Applicant, Ms Hannah Skelsey, attended the Hearing and addressed the Sub-Committee to expand on the points made in her application. Ms Skelsey explained how she proposed to operate her business and the Sub-Committee asked various questions of her before being given the opportunity to sum up before the Sub-Committee retired to make its decision.

Before concluding the Hearing, the Legal Advisor advised all parties of the right of appeal.

RESOLVED that the application for a new premises licence dated 28 May 2021, for the premises known as ‘137 Redhill Drive, Bournemouth, BH10 6AH’ be GRANTED for the provision of off sales of alcohol between 11:00hrs and 23:00hrs seven days a week.

This premises licence is granted subject to all of the conditions offered in the operating schedule in part M of the application and the conditions listed below, which have been agreed by Dorset Police and incorporate the conditions which are recommended by Public Health and Trading Standards as well as those imposed by the Licensing Sub-Committee:-

1. No customers shall be permitted on the premises. The premises shall only be used for the making and collection of cocktails for delivery. Customers shall not be permitted to collect from the premises.
2. Deliveries shall only be allowed to business and residential addresses.
3. Challenge 25 shall be operated by the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport I holographically marked PASS scheme identification cards.
4. All staff working at the premises concerned with the sale of alcohol, including delivery drivers, shall be trained with regard to the law on restricted sales (to persons under the age of 18 and/or who are intoxicated) and with regard to the terms and conditions of the premises licence. A written record of all staff training shall be maintained and kept on the premises and made available on request to an authorised officer of the Council or the Police.
5. Delivery drivers shall make ID checks to any person they believe to be under the age of 25 to make sure the person who receives the delivery reflects the same name/age on the order.
6. Refused deliveries shall be brought back to the premises and details recorded.
7. All deliveries shall be authorised by the DPS.
8. A maximum limit of 3 orders per day per customer. Up to 4 drinks would equate to 1 order and each drink will only contain 1 25ml shot of alcohol, the strength of the alcohol is to be agreed with Trading Standards.
9. All alcohol relating to the business is to be stored in a locked and secure area outside of business hours and when not being used for the preparation of an ordered cocktail.
10. The Premises Licence Holder to contact Dorset Police to request their assistance in reviewing the security at the premises, including whether the installation of a form of CCTV may be appropriate before the licence will take effect. The premises licence holder to advise the licensing authority when that review has taken place.

Reasons for Decision

The Sub-Committee gave detailed consideration to all of the information which has been submitted before the Hearing and contained in the report for Agenda Item 5, in particular the written representations made by 1 other person, Councillor Jackie Edwards and the verbal submissions made at the Hearing by the Licensing Officer, Sarah Rogers, and the Applicant, Ms Hannah Skelsey. The Sub-Committee also considered the responses given to all of the questions asked at the Hearing.

Whilst the Sub-Committee acknowledged the concerns expressed in Councillor Jackie Edwards representation in regard to the prevention of public nuisance and the protection of children from harm, it was noted that these concerns appeared to be based on a fear of what might happen in the future should the licence be granted and did not provide any substantial evidence of public nuisance that could be taken into account when determining the application. The Sub-Committee was mindful of the spirit of the Licensing Act 2003 and the case of Thwaites PLC v Wirral Borough Magistrates’ Court 2008.

The Sub-Committee commended the applicant’s enthusiasm to start up a new business and was confident that Ms Hannah Skelsey had the ability to operate her business responsibly and in accordance with the conditions offered and imposed on the Premises Licence. They acknowledged the Challenge 25 training in underage sales that she had already undertaken and her plan that all family members who will be assisting her in the operation of the business will also undertake such training. They welcomed that her priority was to limit any nuisance to local residents and her plan to move the business to a non-residential premise when it became viable

The Sub-Committee was satisfied that if the premises operated in accordance with both the conditions offered in the operating schedule of the application and as described at the Hearing, that the premises should not undermine the licensing objectives.  It was noted that a review of the premises licence could be applied for at any time by a Responsible Authority or any other person should there be any issues associated with the premises in the future that undermine the licensing objectives.  

Voting: Unanimous

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.

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