To consider a report of the Licensing Officer.
Minutes:
Prior to introduction of the report, the Chairman stated
that the supporting evidence for the Cumulative Impact Area (CIA) relied upon
statistical information produced in 2016 and it was confirmed that these were
the latest available figures. She also sought clarity in relation to when the
Cumulative Impact Policy would be reviewed and was informed that this would be
part of the review of the Statement of Licensing Policy during the forthcoming
year and would include updated figures for Melcombe
Regis at that time.
The Licensing Team Leader set out an application made by Emrah and Osman Tanyel to vary a
premises licence to include the supply of alcohol for off sales between the
hours of:-
11:00 and 05:00 from Sunday to Thursday
11:00 and 06:00 from Friday to Saturday
She advised that a late open letter had been received from
the applicant which offered a reduction in these hours from 11:00 to 01:00
daily.
The meeting was adjourned at 10.10am and the sub-committee
retired to read the letter. The meeting
was reconvened at 10.15am.
The Licensing Team Leader explained that the CIA had been
created over a long period of time as a result of significant antisocial
behaviour in Melcombe Regis and remained in place
until such time as it was reviewed. The
application should be refused unless the sub-committee was absolutely
sure that it would not add to crime and disorder and antisocial
behaviour in the area and could be granted only in exceptional circumstances,
for example, a different offer such as cinema or theatre. She advised that the
offer of a reduction in hours still fell within the CIA which was between 23:00
and 05:30.
Representations had been received from Dorset Police on the
grounds that the application fell within the CIA and Weymouth Town Council who
had concerns in relation to antisocial behaviour.
The Chairman invited the applicant to address the
sub-committee. The applicant's agent stated that the letter offering a
reduction in hours also sought to explain the reason why the applicant wanted
to vary the licence in order that that customers could purchase alcohol with a
takeaway meal. Many venues had closed in
the immediate locality which, in his view, was a material consideration. He was disappointed that updated statistical
information to support the CIA was unavailable, however, he also recognised
that other premises with licences for off sales until 01:00 or 02:00 had been
granted before the CIA came into effect. He did not believe that this
application would enable those leaving clubs to have a source of further
alcohol purchases in the CIA, however, if the sub-committee remained concerned
then further compromises could be made as the applicant sought to benefit from
evening rather than early morning trade.
The Chairman invited representatives from Dorset Police to
address the sub-committee.
The Licensing Officer (Dorset Police) explained that as the
area was within the CIA, there was a presumption that applications of this
nature would be refused. The CIA had
been put in place due to antisocial behaviour which had been proven and
continued to exist. If the application
were to be allowed, there must be sufficient
safeguards in place through conditions so as not to increase antisocial
behaviour and put pressure on policing in that area.
The Chairman asked whether there had been a rise or fall in
incidents in Melcombe Regis since 2016.
The Licensing Officer (Dorset Police) explained that updated
figures took a great deal of time and effort to produce. He confirmed that
another premises selling alcohol would increase the
issues in that area that may affect the figures in future and that the CIA had
been put in place to protect the police and residents of Melcombe
Regis.
The Chairman asked the applicant how long the business had
been operating, whether there had been any antisocial behaviour related issues,
whether there were procedures in place for people arriving from pubs and clubs
and door staff would be employed.
The applicant confirmed that the business had been operating
since 2016 and there had been one or two incidences at the premises during that
time. He planned to refuse the sale of alcohol to late night customers who were
already intoxicated. Three staff were
employed that increased during the summer period, however, there were no plans
to employ door staff as the business had CCTV.
The Chairman asked about competitors and the police
representatives advised of similar types of business in the area, all of which
did not sell alcohol. It was their view that the provision of alcohol within
that environment would fuel crime and disorder and antisocial behaviour with an
immediate demand for police in that area.
PC Morris stated that demand for police resources remained
high and had not decreased since he had begun policing Melcombe
Regis 3 years ago. There were issues
with daytime drinking by the homeless as well as the night time economy. He reported that staff at the premises had
been assaulted and the applicant's premises had been subject to criminal damage
in the last 2-3 months.
The Chairman asked the Dorset Police Licensing Officer which
conditions he would like to see in order to uphold the licensing objectives and
was informed that these would include the presence of door staff and not
selling alcohol above a certain abv. He
had concerns in how the reduction in hours would be managed around 01:00 and
bottles sold could be taken away and used as a weapon. PC Morris added that if granted, a further
condition to close the premises at 01:00 should be considered.
The applicant reiterated that the proposal was mainly for
evening customers interested in purchasing alcohol alongside a takeaway meal
and that he was not interested in selling to late night customers. He did not feel that this would cause a
problem and that the price of the alcohol would also be higher than shops. He would adhere to the hours and the CCTV
could be used in incidences of antisocial behaviour. He did not wish to close the premises at
01:00.
Cllr Ken Whatley addressed the sub-committee on behalf of
Weymouth Town Council who objected to a further licence being granted in the
CIA and considered that another premises offering
alcohol in that area would cause more antisocial behaviour and increase
security concerns. He had listened to
the comments and agreed with the view of the police that a cut off time of
01:00 could cause problems if someone was waiting to be served during that time. He stated that there were enough premises in
the area and off licences were also open until quite late. The Council therefore objected to a further
licence being granted in the area.
The Chairman invited all parties to sum up.
The Licensing Team Leader advised that no premises had been
offered later hours since the introduction of the CIA. The policy should have
been reviewed in 2018, however, due to the formation of Dorset Council, this
timeframe had been extended until 2021 by statutory instrument.
The applicant's agent stated that a reduction in hours had
been offered from the outset of the meeting that could be further reduced if
needed. The outdated policy was of concern as up to date figures would give a
good indication of the current situation. A temporary licence pending a review
should be offered.
The Police stated that the CIA had been introduced due to a
disproportionate amount of antisocial behaviour in the area, representing 66%
of all violent crime in that area, the highest incidents between 01:00 and
05:00. Two years ago
incidences of public place violence were higher per capita in Weymouth than
Bournemouth and Melcombe Regis represented the
highest ward in Dorset. Although this
had fallen due to the work undertaken it remained high and a police priority
for public place violence in that area.
The sub-committee adjourned to consider its decision and on
returning the Chairman informed the meeting that the Legal Advisor had joined
the members in private session, not to advise on the decision itself, but to
offer advice on the wording of the decision notice.
Decision:-
The Licensing Sub-Committee carefully
considered all the evidence put before it and refused the variation of the
licence on the following grounds:-
1.
The application, the applicant and the
evidence presented did not in the view of the Sub-Committee, produce any
persuasive argument that there were exceptional reasons or indeed, any reasons
to go against the current Cumulative Impact Policy.
2.
The Police unfortunately were unable to
produce up to date statistics, however, their evidence was that another alcohol
licence in this area would be undesirable.
3.
Although the applicant offered to reduce
the relevant hours to 1am, despite a series of questions there were no real
assurances given that the premises would be able to handle a likely possible
increase in antisocial behaviour.
4.
It was perhaps a little surprising to
the Sub Committee that in offering to reduce the hours of the application no
conditions were put forward, including door staff or extra measures that could
prevent further problems in that area.
5.
Whilst refusing the application the Sub
Committee would suggest the applicant may consider, if relevant, another
application after the new Cumulative Impact Policy is reviewed and then
published.
Supporting documents: