Agenda and minutes

The Democratic Services Officer read out the procedure.

Apologies were received from Councillor Roger Symonds, who was unwell. Councillor Brian Webber substituted.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

There was none.

There was none.

These were approved as a correct record and signed by the Chair.

The Chair drew attention to the procedure to be followed for the next item of business.

Applicant: The Lava Coffee Company Ltd, represented by Mark and David Medley

Other Person: Sandra Wilcox

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

The Public Protection Officer summarised the application, which was for authority to supply alcohol on the premises from 07:00 to 22:00 seven days a week. The opening hours were the same.

Mark Medley stated the case for the applicant. He said that Lava was a large coffee company and that the main emphasis at the premises would be on coffee. They wished, however, to have the ability to serve alcohol to customers. They would be unlikely to use the full hours applied for every day, but they wanted flexibility to vary according to circumstances. The Cosy Club opposite was a fully licensed restaurant and had a balcony which was used 350 days a year. The noise from the upper floor of the Cosy Club was amplified because of the setting. By contrast, the tables and chairs outside Lava would only accommodate sixteen customers and they would probably be little used in the winter. David Medley said that only a restricted range of drinks would be available, consisting mainly of wine and beer. He did not think that people out for a night’s drinking would be likely to patronise the premises. In response to questions from Members, they stated:

• the premises were a sub-franchise; the main franchise was in London; other sub-franchises would be opening in other parts of the UK

• they would be happy to reduce the hours applied for, which had been agreed after they had met Martin Purchase, Liquor Licensing Officer of Avon and Somerset Police, who had recommended that they should apply for the same alcohol hours as their opening hours

• Cosy Club had 66 outside seats, compared with Lava’s 16

• they did not wish to do anything that would undermine the life of Bath; they would keep a firm control over the premises and not allow excessive drinking

• they emphasised staff training; Mr Mark Medley was a personal licence holder and a manager would be trained to be a personal licence holder

• they did not stay open till 22:00 every night; recently the premises had closed at 21:00 on a Thursday, because there were few people about

Ms Wilcox stated her case. In reply to a question from the Chair, she confirmed that her representation was based on the possibility of public nuisance arising from the sale of alcohol at the premises. She asked Members to bear in mind that Southgate is a mixed residential and commercial area. She lived immediately above the premises and was chiefly concerned about noise that might emanate from people sitting outside the premises. This would not be such problem in winter, when she would have her windows closed, but she was concerned about the possibility of noise nuisance in the summer. She did not think there would be a problem with people drinking inside. Sixteen people outside might not seem a lot,  ...  view the full minutes text for item 90.