Agenda and minutes

The Democratic Services Officer read out the procedure.

There were none.

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 were none.

There was none.

RESOLVED that the minutes of the meeting of 3^rd February 2015 be approved as a correct record and signed by the Chair(person).

The Chair confirmed that the procedure to be followed for that part of the meeting had been read and understood.

The Sub-Committee considered the report which sought determination of an application for a new Premises Licence under section 17 of the Licensing Act 2003 in respect of Subway, 31 Southgate Street, Bath.

Those present for the applicant:-

Michael Parrott (Greg Latchams LLP) – representing the applicant

Stuart House – Franchisee and Development Administrator

Sue Pasco – Subway Franchisee

Those present having made representations:-

Brian Hussey – BCH Camping and Leisure and The Bryan and Christopher Hussey Partnership

Emily Luff - neighbour

The Public Protection Officer presented the report and stated that the application proposes:

Late Night Refreshment (indoors and outdoors)

Fridays - Saturdays   23:00 - 03:00 the following morning with;

Opening Hours

Mondays – Thursdays   07:00 – 23:00

Fridays – Saturdays  07:00 – 03:00 the following morning

Sundays  09:00 – 21:00.

She went on to state that representations had been received relating to public nuisance.  She stated that no representations had been made from the responsible authorities.

The Chair referred to the Bath and North East Somerset (B&NES) Licensing Policy 2014, relating to the Cumulative Impact Policy, paragraph 16.8 which stated that:-

“Currently the Council’s evidence base in relation to the Cumulative Impact Area does not relate to off-sales of alcohol and late night refreshment.”

Michael Parrott put the case on behalf of the applicant.  He stated that an application for the premises had been submitted to Sub-Committee previously 6 months ago.  At that time the premises had not opened and the impact of hot drinks and food was the issue.  Now they had been trading for 6 months and had trading figures for cold food.  They were already able to serve cold food and drinks up until 03:00 hours.  He pointed out that a nearby McDonalds on Southgate had a 24 hour licence and had not received any representations.  He stated that an important feature of Subway was that they were a health conscious quality operation and there was a degree of interaction between staff and the customer when ordering.  He referred to the letters of representation and made the following points.  He stated that the freezer would not be used after 10pm; the bins were now inside, the freezer was now smaller to accommodate this; rubbish for collection was put outside and collected daily by Sita between 5.30-6.30pm; the 2 fire doors now had mag locks and soft closers; and the first floor area would not be used after 10pm except for staff members using the toilets.  He stated that they had liaised with Environmental Health re units on the roof and an inspection had been made with no recommendations. 

He referred to the trading figures circulated before the meeting which were from Subway Southgate and a comparable store in Montague Street Bristol in a similar location, near the bus station, residential accommodation and with night clubs in the vicinity.  These were now actual figures not estimated like the last Sub-Committee.   The figures demonstrated that there would be approximately 10 extra customers per hour between 12:00 and  ...  view the full minutes text for item 138.