Agenda and minutes

Venue: Council Chamber - Guildhall, Bath. View directions

Contact: Sean O'Neill  01225 395090

Items
No. Item

1.

EMERGENCY EVACUATION PROCEDURE

The Chair will draw attention to the emergency evacuation procedure as set out under Note 5 on the previous page.

Minutes:

The Democratic Services Officer read out the procedure.

2.

ELECTION OF VICE-CHAIR (IF DESIRED)

Minutes:

RESOLVED that a Vice-Chair was not required on this occasion.

3.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

There were none.

4.

DECLARATIONS OF INTEREST

To receive any declarations from Members/Officers of personal/prejudicial interests in respect of matters for consideration at this meeting, together with their statements on the nature of any such interests declared.

Minutes:

There were none.

5.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

6.

LICENSING PROCEDURE

The Chair will, if required, explain the licensing procedure.

Additional documents:

Minutes:

The Chair drew attention to the licensing procedure, copies of which had been made available to those attending the meeting.

7.

APPLICATION FOR A NEW PREMISES LICENCE FOR MEGA BITE, 26 WALCOT BUILDINGS, WALCOT, BATH BA1 6AD pdf icon PDF 8 MB

Minutes:

Applicant: Mr Bilal Sanci, represented by Mahir Kilic (National Association of Turkish Residents)

 

Responsible Authority: Martin Purchase (Licensing Officer, Avon and Somerset Constabulary)

 

Interested Parties: Dr David Dunlop, Mr Alex Schlesinger

 

The parties confirmed that they had received and understood the licensing procedure.

 

The Licensing Officer summarised the application. The applicant was seeking authority to supply alcohol for consumption on and off the premises between 17:00 and 03.00 every day. The Police had proposed five additional conditions, namely:

 

1. Alcohol will only be sold by way of delivery after 23.00 hours and not to customers attending at the shop premises.

 

2. All deliveries which include alcohol must only be received by a person aged 18 or over.

 

3. Photographic identity will be required for any person who appears under the age of 21.

 

4. A refusals register is to be maintained recording the details of any sales or deliveries that were refused. The register is to be made available for inspection to any Police Officer or authorised person at all reasonable times.

 

5. Alcohol will only be sold over the counter at the premises with food orders of £5 minimum.

 

The applicant had confirmed in writing that he agreed to the above conditions being imposed on the licence. Representations had also been received from local residents in relation to the licensing objectives of the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm.

 

Mr Kilic stated the case for the applicant. He began by clarifying the date on which the application had been submitted. The Licensing Officer confirmed that the statutory time limits had been complied with. Mr Kilic said that though many representations had been received to the application, no complaints had been previously received from local residents, though some of the representations referred to things that had allegedly occurred previously. He had visited the premises that morning and no litter had been visible in the immediate vicinity. There was a licence condition requiring the regular cleaning of the area immediately outside the premises; he referred to the Secretary of State’s Guidance, which stated that licensees could not be held responsible for the behaviour of customers away from the premises. The applicant offered a condition that he would clean an area of litter up to 25 meters each side of the premises. In response to questions from Members, he stated

 

  • deliveries would be made by car, not moped

 

  • beer, wine and spirits would be sold, but not cider or alcopops
  • the minimum food order of £5 would apply to orders for alcohol for delivery; it was not the applicant’s intention to operate an off-licence; the average price of a meal was £3-£4.

 

  • Mr Sanci held a personal licence, and would ensure that all staff, including drivers, would receive training on the sale and supply of alcohol

 

The Senior Legal Adviser clarified that the sale and supply of alcohol had to be authorised by the Designated Premises Supervisor, who  ...  view the full minutes text for item 7.

8.

APPLICATION TO VARY A PREMISES LICENCE FOR BATH PIZZA, TRADING AS DOMINO'S PIZZA, LONG ACRE, LONDON ROAD, WALCOT BATH, BA1 5NL pdf icon PDF 6 MB

Minutes:

Applicant: Bath Pizza Ltd T/A Domino’s Pizza, represented by Jonathan Smith (Poppleston Allen Solicitors), Sigurd Wilberg (Franchisee), Daniel Barbatu (Store Manager)

 

Mr Smith stated the case for the applicant.

 

A Member noted that the operating schedule provided that delivery vehicles would be parked in the bay at the front of the store on London Road after 01.00 on Mondays to Saturdays and 23.30 on Sundays to reduce potential nuisance to residents, and asked Mr Smith whether this was not in fact on the public footpath. When Mr Smith replied that this area was outside the area demarcated by double yellow lines, the Senior Legal Adviser explained that the public highway was deemed to run from curtilage to curtilage and so included the public footpath. Mr Smith requested a short adjournment to consult with his client. This was granted by the Chair, and when the hearing resumed, Mr Smith requested that the hearing be deferred to allow the applicant time to clarify the arrangements for the parking of delivery vehicles after the specified hours. He undertook to provide this information to all the parties in advance of the next hearing and undertook not to take issue should those having already made representations wish to make further comment. The Chair asked the other parties whether they were content for the hearing to be deferred, and after discussion they indicated they were content.

 

The Sub-Committee RESOLVED that it would be in the public interest to defer the hearing of this application to enable the applicant to provide further information to Members and Interested Parties on the arrangements for parking delivery vehicles after 01.00 Mondays to Saturdays and 23.30 on Sundays. The matter was therefore deferred to a future meeting.