An application has been received for a variation of the premises licence for the premise known as ‘Spinters’, 11 – 12 Church Street.
This matter is brought before the Sub-Committee for determination.
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 6, 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 variation of the premises licence for the premise known as ‘Splinters’, 11 – 12 Church Street. The application for a variation was made to o extend the permitted hours and opening hours of the premises and include Bank Holidays, Christmas Eve, Boxing Day and New Year’s Eve extensions and add live and recorded music for the following hours:-
Late Night Refreshment – Friday and Saturday from 23:00 to 01:30.
Bank Holidays, Christmas Eve and Boxing Day from 23:00 to 01:30 and New Year’s Eve from 23:00 to 05:00
Sale of Alcohol – Sunday to Thursday from 10:00 to 00:30 and 10:00 to 01:30 on Friday and Saturday.
Bank Holidays, Christmas Eve and Boxing Day from 12:00 to 01:30 and New Year’s Eve from 10:00 to commencement of business on 1 January. Live and Recorded Music – Sunday to Thursday from 12:00 to 00:30 and 12:00 to 01:30 on Friday and Saturday.
Bank Holidays, Christmas Eve and Boxing Day from 12:00 to 01:30 and New Year’s Eve from 10:00 to commencement of business on 1 January. Opening Hours – Sunday to Thursday from 12:00 to 01:00 and 12:00 to 02:00 on Friday and Saturday.
Bank Holidays, Christmas Eve and Boxing Day from 12:00 to 02:00 and New Year’s Eve from 10:00 to commencement of business on 1 January. Current conditions 11, 12,15 and 16 were requested to be removed and a number of additional conditions were offered within the application to be imposed on the licence if granted.
The Sub-Committee was advised that a representation had been received from Environmental Health and two other persons on the grounds that to grant the application would undermine the prevention of public nuisance licensing objective. However, Environmental Health had withdrawn its representation following mediation with the Applicant in advance of the Hearing, whereby 7 Conditions had been agreed, should the application to vary the licence be granted.
The following persons attended the Hearing and addressed the Sub-Committee to expand on the points made in their written submissions:
Nathan Muirhead, Applicant and Director of Tiki Bar Ltd
Chantelle Strong, Designated Premises Supervisor at ‘Splinters’ and Director of Tiki Bar Ltd
Mr Penny, Local resident, objecting to the Application
The Sub-Committee asked various questions of all parties present and were grateful for the responses received. All parties were invited 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.
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 of the premises known as ‘Splinters’ 11-12 Church Street, Christchurch, BH23 1BW, be granted in its entirety, subject to the inclusion of the conditions detailed below, submitted by Environmental Health and agreed with the Applicant in advance of the Hearing:
And in addition, the conditions set out below agreed between Dorset Policeand the Applicant through mediation in advance of the Hearing:
8. The premises shall primarily operate as a restaurant.
9. CCTV will be in position inside the premises and front facing in both directions of Church Street.
10. A CCTV system shall be installed to cover all entry and exit points enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record and cover areas where alcohol is kept for selection and purchase by the public, whilst the premises is open for licensable activities. It shall operate during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with correct date and time stamping. Recordings shall be made available immediately upon the request of police or an authorised officer of the council throughout the preceding 31 day period. The CCTV system shall be updated and maintained according to police recommendations.
11. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show a police or authorised council officer recent data or footage with the absolute minimum of delay when requested.
(a) any complaints received
(b) any incidents of disorder
(c) any faults in the CCTV system / or searching equipment / or scanning equipment
(d) any refusal of the sale of alcohol
(e) any visit by a relevant authority or emergency service
(f) all crimes reported to the venue
(g) all ejections of patrons
(h) all seizures of drugs or offensive weapons This log to be checked on a weekly basis by the DPS of the premises.
Reasons for the Decision
The Sub-Committee gave detailed consideration to all the information that had been submitted before the meeting and contained in Agenda Item 6, in particular the written and verbal representations made by Sarah Rogers, Senior Licensing Officer of BCP Council; Mr Nathan Muirhead, Applicant and Director of Tiki Bar Ltd, Miss Chantelle Strong, Designated Premises Supervisor at ‘Splinters’ and Director of Tiki Bar Ltd and Mr I Penny, objecting to the application. The Sub-Committee also considered the written representations of Mrs R Mackie, and R B Hirsbrunner both also objecting to the application
The Sub-Committee noted that following mediation with the Applicant, Environmental Health had withdrawn its representation, which was based on concerns around the prevention of public nuisance and that 7 conditions had been agreed between the Applicant and Environmental Health. Dorset Police had also mediated with the applicant and had agreed a further 20 additional conditions to be imposed on the licence if granted, to uphold and promote the prevention of crime and disorder and public safety licensing objectives.
The Sub-Committee was sympathetic to the points raised by Mr Penny with regard to noise from Taxi’s / customers parking on double yellow lines opposite and in the vicinity of the premises, however, addressing concerns around illegal parking was not something that the Sub-Committee could take into account as they considered this application. The Sub-Committee noted that Mr Penny had advised during the Hearing that most of his concerns had been addressed by the conditions agreed with Environmental Health, with the exception of that regarding the quiet dispersal of patrons from the premises. The Sub-Committee was satisfied that Mr Muirhead’s offer to encourage patrons to leave the premises quietly and use the nearby taxi rank would help to alleviate Mr Penny’s concerns. The Sub-Committee also asked that Mr Penny be advised of where he could report complaints of particular drivers parking illegally, if it continued to be a problem.
The Sub-Committee felt confident after hearing from Mr Muirhead and considering the extensive conditions, he had been willing to agree, that the premises would be managed responsibly and felt assured that Mr Muirhead would be respectful of his neighbours and do his utmost to reduce any noise nuisance that was in his control. They were satisfied that if the premises operated in accordance with the conditions agreed with both Environmental Health and the Police, that the premises should not undermine the licensing objectives.
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.