Agenda and minutes

Venue: Kaposvar Room - Guildhall, Bath. View directions

Contact: Enfys Hughes, Sean O'Neill  Email: democratic_services@bathnes.gov.uk

Items
No. Item

157.

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.

158.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

There were none.

159.

DECLARATIONS OF INTEREST

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.

Minutes:

There were none.

160.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

161.

MINUTES: 17 MARCH 2014 pdf icon PDF 30 KB

Minutes:

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

162.

LICENSING PROCEDURE: MISCELLANEOUS

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

Additional documents:

Minutes:

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

163.

Application for permission to provide facilities on the highway for recreation/refreshment at Seafoods Fish Bar, 38 Kingsmead Street, Bath. BA1 2AA. pdf icon PDF 3 MB

Additional documents:

Minutes:

Applicant: Ian Menzies

 

Objector: Mr Michael Walsh, represented by Mrs Walsh

 

The parties confirmed that they understood the procedure to be followed for the hearing.

 

The Public Protection Officer summarised the application and invited the Sub-Committee to determine it.

 

The Applicant stated his case. He said that he had had tables and chairs outside the premises for 10 years and had had no complaints from anyone apart from Mr and Mrs Walsh. He said that in response to their complaints he had removed a chair from each table, at a cost to his business. The tables were monitored by CCTV and were not visible on CCTV if they were outside the designated area. He said that staff were trained to ask customers who had moved a table outside the designated area to move it back again. He himself had only had to do this 4 times in the last 10 years and his staff had told him that it happened very rarely.

 

Referring to Mr Walsh’s letter, he had never seen bikes, bags or buggies outside the front door to Mr and Mrs Walsh’s flat. The only thing he had seen block their front door was rubbish bags from the flats upstairs. There had never been any complaints from a wheelchair user or someone with a pushchair about being obstructed. The road outside the premises was marked with double yellow lines, so no one should be parking there, and it was a no-through road. Staff were trained to remove boxes or other rubbish left on tables immediately. Litter outside the premises was actually bad for business.

 

He referred to the photos submitted by Mr Walsh. He thought that the boxes visible on tables were there because it had not possible for staff to clear them away during a busy period. He suggested that the exact nature of the food litter in one of the photos was not clear, and might have come from anywhere. One photo seemed to show leaves, a lollipop and a bag, none of which emanated from his business. Other photos seemed to show a toilet roll, the remnants of a kebab, including lettuce and chilli peppers, and a can of strong cider, none of which could have come from his premises. He thought most of the rubbish seen around the premises came from the rubbish bags left outside on collection days by the tenants of the flats, which were often pecked at by seagulls. The tenants from the flats did not clean this litter up, but his staff did.

 

He gave information about the history of the disputes between himself and Mr and Mrs Walsh. On advice from the Principal Solicitor, the Chair ruled that this information was irrelevant and that he should focus solely on relevant matters, such as whether the tables and chairs constituted an obstruction on the highway.

 

Mr Menzies reiterated that there had never been any complaints about obstruction from members of the public.

 

In response to questions from Members the Applicant  ...  view the full minutes text for item 163.

164.

LICENSING PROCEDURE: LICENSING ACT 2003

Additional documents:

Minutes:

The Chair drew attention to the procedure applicable to the next item of business.

165.

APPLICATION FOR A PREMISES LICENCE FOR MCCOLLS, 103 HIGH STREET, MIDSOMER NORTON, BA3 2DA pdf icon PDF 2 MB

Minutes:

Applicant: Martin McColl Ltd

 

Other Person: Andrew Green

 

 

Neither the Applicant nor the Other Person was present or represented.

 

Members had been notified before the meeting that the Other Person had withdrawn their representation.

 

RESOLVED to grant the application.

 

Decision and reasons

 

Members determined an application for a new premises licence at McColls High Street Midsomer Norton. In doing so they had regard to the Licensing Act 2003, Statutory Guidance, the Council’s Policy and the Human Rights Act 1998.

 

Members noted the objection had been withdrawn and therefore granted the application with conditions consistent with the operating schedule.

 

Authority was delegated to the Public Protection Officer to issue the licence.