Agenda and minutes

To elect a Chair for the meeting and the Chair to present and explain the procedure for the meeting.

Proposed by Cllr Beer, seconded by Cllr Webb.

Decision: that Cllr Monks be elected as Chair for the duration of the meeting.

To receive any apologies for absence.

No apologies for absence were received at the meeting.

To disclose any pecuniary, other registrable or non-registrable interests as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

No declarations of disclosable pecuniary interests were made at the meeting.

An application has been made to vary the premises licence for Bonita, 10 Custom House Quay, Weymouth, Dorset, DT4 8BG. The application has been out to public consultation. Representations have been received. A Licensing Sub-Committee must therefore consider the application and representations at a public hearing.

The Senior Licensing Officer presented the report and advised that the application sought to vary the premises licence by updating conditions, adding off-sales, amending alcohol sale hours and updating the premises plan. As the premises are located within the Cumulative Impact Zone, the applicant was required to demonstrate that the variation would not add to existing issues in the area. Environmental Protection had raised concerns regarding noise, resulting in the removal of late-night refreshment and recorded music from the application and the agreement of additional conditions. No objections were received from Child Safeguarding or Dorset and Wiltshire Fire and Rescue Service. 

The applicant and their agent advised that the application aimed to modernise the licence, correct historical inconsistencies and permit alcohol consumption within the authorised outside seating area. They stated that Bonita would remain a restaurant-led business and not operate as a bar. 

Ms Hession objected to the application, citing ongoing noise and cooking odours from the extraction system, which she said adversely affected her home, garden and guest house business. She expressed concern about later operating hours and requested that the variation be refused or, alternatively, restricted to a food-led operation with off-sales refused and extraction equipment switched off by 9.00 pm. 

Mr Shearing did not seek refusal of the application but considered that additional conditions were necessary to promote the licensing objectives, including controls on noise, waste collection and use of the outside area. Whilst supporting the decoupling of food and alcohol in a seated restaurant setting, he did not support off sales from 9 pm to midnight being granted. He felt that off sales needed to be aligned to the sitting out area licence conditions up to 11pm and be restricted to that area. 

Mr Beggs objected on the grounds that the variation could alter the character of the premises from a restaurant to a bar, leading to increased noise and public nuisance. He expressed concern about the impact on nearby residents, guest houses and visitors, and considered that the variation could set a precedent for similar changes elsewhere in the harbour area. 

Ms Downham expressed concern that the proposed variation could blur the distinction between a restaurant and a bar. She did not support the decoupling of food and alcohol sales and suggested conditions requiring customers to remain seated and clear closing times to help prevent nuisance and disorder. 

Mr Jones objected to the application, stating that the harbour area should retain its balance between residential properties, restaurants and tourism. He considered that the area was not suitable for independent drinking and supported conditions requiring seated drinking and restricted hours to protect residential amenity and the character of the harbour. 

All parties were given the opportunity to put forward their representations and sum up their case. 

Decision 

To VARY the Premises Licence to remove the current licence conditions at Annex 2, add conditions consistent with the Operating Schedule, add off sales, amend the hours during which alcohol can be sold, remove the opening hours restriction from  ...  view the full minutes text for item 16.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

There were no urgent items.

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended). The public and the press will be asked to leave the meeting whilst the item of business is considered.  

There are no exempt items scheduled for this meeting.

There was no exempt business.