Agenda and minutes

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

Resolved

That Councillor Emma Parker be elected Chairman for the meeting.

The attention of the Sub-Committee was drawn to the procedures and protocols for the meeting and the basis on which the decision would be made.

To receive any apologies for absence.

No apologies for absence were received at the meeting.

To receive any declarations of interest.

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

The Licensing Sub-Committee Procedures were drawn to the attention of, and understood by, Members in how they were able to come to their decision and the basis for this.

To determine the application in the light of written and oral evidence and resolve to take such steps as considered appropriate for the promotion of the licensing objectives of;-

• the prevention of crime and disorder,
• the prevention of public nuisance,
• public safety, and
• the protection of children from harm.  

The Sub-Committee considered an application for a new premises licence - made by Marianna Browning for Cherries Café and Ice Cream Parlour, 1 Pier Terrace West Bay, Bridport - for on and off sales of alcohol. As a representation had been received - an objection - and remained unresolved, it was now necessary for the Sub-Committee to consider it and determine the application.

The officer’s report detailed the basis of the application, how any permission would be applied and what the premises comprised of: being a small café with 45 covers inside and 20 outside. The times being requested for the on and off sales of alcohol were between the hours of 0900hrs and 2100hrs every day.

The operating schedule focused on the training of staff and confirmed that

alcohol would only be served with food. A critical condition of any grant of permission was that sales of alcohol on the premises would only be permitted to accompany a table meal and not under any other circumstances.

Members understood that the Authority’s determination should be evidence-based, justified as being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to achieve. Determination of whether an action or step was appropriate for the promotion of the licensing objectives required an assessment of what action or step would be suitable to achieve that end. In coming to their decision, these would be the principles on which the Sub-Committee’s decision would be based.

Following consultation, whilst there were no representations from the responsible authorities, Dorset Police had requested - and the applicant agreed - to have conditions attached to a licence, should it be granted. The conditions requested would cover a CCTV system; adherence to and application of the Challenge 25 scheme; the appropriate training of staff in applying and delivering those measures; and a refusals and incident log.

However, one representation from an interested person had been received which

focused on the impact that those who were inebriated would have on the area and the nuisance and disruption this could cause. It was clarified that for representations to be relevant, they must relate to one of the four licensing objectives: prevention of public nuisance; prevention of crime and disorder; public safety or the prevention of harm to children.

In having asserted that the representation being made was on behalf of the residents of Pier Terrace - and concerns for their future wellbeing - the grounds on which the objection was being made were that granting a licence would result in amenity being adversely affected by way of:-

·       the resulting nuisance and disturbance which would be caused from increased noise levels;

·       uncontrolled and unfettered access to the shared garden amenity;

·       uncontrolled and unfettered activities associated with the excessive consumption of alcohol and how, in turn, this would compromise the amenity, safety and security of this otherwise respectable residential area and its residents; 

·       the proximity of other, alternative licences premises; and

·       an assurance that, in purchasing his property, there  ...  view the full minutes text for item 5.

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 of business for consideration at the meeting.