The Licensing Sub-Committee were scheduled to meet to consider a premises licence application for Units 1 & 2 Stirling House, and a variation to an existing premises licence for Tony's Cafe. The meeting was also scheduled to elect a chair and note the protocol for public speaking at licensing hearings.

Tony's Cafe, 12 Westover Road, Bournemouth, BH1 2BY

Alan's Café Ltd applied to vary the premises licence for Tony's Cafe at 12 Westover Road, Bournemouth. The current licence permits on sales of alcohol only, within a defined area. The applicant wants to be able to permit the sale and consumption of alcohol at tables outside the premises.

The current permitted hours are:

• Late Night Refreshment: (Indoors) Thursday to Saturday - 23:00 to 00:00
• Supply of Alcohol: Sunday to Wednesday - 08:00 to 22:30, Thursday to Saturday - 08:00 to 23:30

Environmental Health reportedly agreed to conditions with the applicant to prevent public nuisance, including:

• Loudspeakers shall not be located outside the building.
• The area shall be used for seating only.
• Alcohol shall only be consumed by patrons seated at tables.
• All tables and chairs shall be removed from the outside area by 10pm each day.

Dorset Police reportedly made a representation on the grounds that granting the application would undermine all four licensing objectives.

According to an email from Dorset Police, during a visit to the premises on 7 August, officers found that the venue was not operating as a café as described in its operating schedule, and that several licence conditions had been breached. They raised concerns that granting a variation to allow the external consumption of alcohol at a premises that is already operating outside its authorised conditions would risk further undermining the licensing objectives, namely:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

Dorset Police also noted that Google reviews of the premises provided evidence that it was not complying with condition 2.5 of the current premises licence, which states:

The sale of alcohol shall be ancillary to a substantial meal prepared and served on the premises.

One review stated: Enjoyed a flapjack and coffee followed by a cocktail (well 2 for 1 actually!) . Dorset Police considered that this was inconsistent with the operation of a food-led café and supported their concerns that the premises is operating primarily as a bar.

In response, Tom Hollington from Set Square stated that they were looking to proactively work with the police and respond in a constructive manner. He stated that the operating conditions had been clarified with the designated premises supervisor (DPS) and the cafe management, and that they had resolved to remove much of the alcohol on display behind the counter and replace it with a more food based display and more food menus alongside coffees and teas and non-alcoholic beverages. He also stated that the food menu was to be reviewed and a much more comprehensive food offering introduced, and that further and ongoing staff training was proposed.

James Andrews stated that the operators are committed to working positively with Dorset Police to address the concerns raised and to demonstrate compliance with both the licence and the spirit of the licensing objectives.

Dorset Police then visited the premises again and reported that a member of staff advised that the premises now has an air fryer, with the food offering expanded to include potato wedges and chicken wings in addition to paninis, and that fewer bottles of alcohol were on display. However, they also reported that the following breaches were identified:

• Condition 2.4, which states that a personal licence holder shall be on the premises at all times the premises is open for licensable activity.
• Condition 2.3.5, which states that 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.

As a result, Dorset Police stated that it was not possible to conduct a comprehensive licensing visit, given this individual's lack of access to the CCTV system. They were further advised that the operators are currently out of the country, and they stated that for a sole, untrained member of staff to be responsible for the day-to-day running of the premises is of significant concern particularly at a time when assurances of compliance and enhanced standards are being given.

Dorset Police stated that they could not have confidence in allowing a further extension of a premises licence when existing conditions of a licence are being routinely breached.

Units 1 & 2 Stirling House, 48-50 Poole Hill, Bournemouth, BH2 5PS

Mr Salah Sabir applied for a premises licence to permit off sales of alcohol from Units 1 & 2 Stirling House, 48-50 Poole Hill, Bournemouth, BH2 5PS from 08:00 to 23:00 Sunday to Thursday, 08:00 to 00:00 Friday and Saturday and from the start of permitted hours on New Year's Eve to the end of permitted hours on New Year's Day, for a continuous period, each year.

One representation was reportedly received from another person, and another from Dorset Police, on the grounds that granting the application would undermine all four licensing objectives¹.

Dorset Police suggested conditions which they would like to be included on the premises licence, should it be granted, in addition to the conditions offered in the application. The applicant reportedly agreed to all but two of the recommended conditions, and therefore Dorset Police did not withdraw their representation.

Trading Standards reportedly agreed conditions with the applicant.

Dorset Police's proposed conditions were:

• All staff involved in the sale of alcohol shall be trained in accordance with an accredited training scheme. Training shall cover legislation on underage and prohibited sales, the age verification policy adopted by the premises, and all licence conditions. Refresher training must be provided at least every six months, with all training records signed by both the trainer and trainee. These records shall be retained for a minimum of 12 months and made available to police, licensing, or other authorised officers on request.
• A CCTV log shall be maintained and signed weekly by the DPS to confirm that the system is fully operational and footage is being retained in accordance with the conditions attached to the premises licence.
• An incident log shall be maintained at the premises and made available on request to authorised officers of the Council or Police. This shall include details of:
  • All complaints received
  • Incidents of disorder
  • Refusals of alcohol sales
  • Visits from relevant authorities or emergency services
  • All crimes reported to the venue
• A minimum of three staff shall be on duty whenever the premises is open for licensable activities.
• No person under the age of 12 shall be permitted on the premises after 20:00 hours unless accompanied by a bona fide parent or legal guardian.
• No beer, cider, or lager with an ABV² above 5.8% shall be sold.

The conditions that were not agreed were:

• SIA-licensed³ security staff shall be employed from 20:00 hours until close.
  • The applicant's response to this condition was: Our clients premises is a small business there will be three members of staff whenever the premises is open for licensable activities. One member of staff will be present at the door from 20:00 hours until close.
• No spirits shall be sold in containers smaller than 70cl.

Trading Standards' proposed conditions were:

• All staff working at the premises concerned with the sale of alcohol shall be trained in accordance with an accredited training scheme on the law relating to prohibited sales, the age verification policy adopted by the premises and the conditions attaching to the premises licence.
• Staff shall be trained in accordance with the SWERCOTS No Proof of Age No sale training toolkit and records kept of that training at the premises. Such records will be kept and made available to Licensing, Police or other authorised officers.
• Refresher training shall be provided at least once every 6 months. A record shall be maintained of all staff training and that record shall be signed by the person receiving the training and the DPS. The records shall be kept for a minimum of 12 months and made available for inspection by police, licensing or other authorised officers.
• Challenge 25, shall be operated at 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). Appropriate signage advising customers of the policy shall prominently displayed in the premises.
• A refusals register shall be maintained at the premises, records of this shall be kept for no less than twelve months and made available for inspection by an authorised officer on request. The register shall be signed off by the DPS/Duty Manager at least once a week to ensure that all members of staff are using it.
• Not to display any age restricted products next to or within the same area of alcohol.
• Clear pricing of all age-restricted products.
• Premises shall not sell single bottles or cans of any beer, cider or lager that has a strength of over 5.3%.
• No alcohol shall be sold by way of delivery from the premises but shall only be sold or supplied to customers attending the premises in person.
• Any staff employed under the age of 18 will be constantly supervised.

Protocol for Public Speaking at Licensing Hearings

The sub-committee were scheduled to note the protocol for public speaking at licensing hearings. The Protocol for Public Speaking at Licensing Hearings sets out the procedure for hearings in relation to matters including the licensing of alcohol, regulated entertainment, late night refreshment, gambling, sex establishments and hackney carriage and private hire drivers, vehicles and operators. The protocol states that hearings may be held remotely, and that the sub-committee may decide to conduct all or part of a hearing in non-public session. It also states that only persons (or their representatives) who have made an application, are subject to an application or have submitted a written representation or objection to the Licensing Authority under the relevant Act are permitted to speak at the hearing.