Agenda and minutes

Venue: Council Chamber - Guildhall, Bath. View directions

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

Items
No. Item

137.

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.

138.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

Apologies were received from Roger Symonds, Councillor Gerry Curran was his substitute and Anthony Clarke, Councillor Patrick Anketell-Jones was his substitute.

139.

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:

Councillor Manda Rigby declared an interest in Roscoff Deli as she was a frequent customer.  Therefore this item would be deferred to a future meeting.

140.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

141.

MINUTES: 7TH APRIL 2014 pdf icon PDF 47 KB

Minutes:

RESOLVED that the minutes of the meeting on 7th April 2014 be approved as a correct record and be signed by the (Chairperson).

142.

LICENSING PROCEDURE: LICENSING ACT 2003: VARIATION OF PREMISES LICENCE

The Chair will, if required, explain the procedure to be followed for the next application.

Additional documents:

Minutes:

RESOLVED that the procedure for the meeting be noted.

143.

Application to Vary the Premises Licence for The Nest, 7 Bladud Buildings, Bath BA1 5LS pdf icon PDF 3 MB

Minutes:

The Sub-Committee considered the report which sought determination of an application for the variation of an existing Premises Licence under Section 34 of the Licensing Act 2003 in respect of The Nest.

 

Attendance List -

 

Applicant:

 

Jeremy Phillips (Francis Taylor Buildings) - representing applicant

 

Walaiti Rathore (Fraser Brown) - representing applicant

 

Rod Johnson (Licensee and witness)

 

Max Johnson (Licensee and witness)

 

Paul Douglas (witness)

 

Representations:

 

Avon and Somerset Constabulary - Inspector Steve Mildren and PC Chris Leadbeater

 

Environmental Health Agency - Nigel Shire

 

TARA and CARA Residents Association

 

Ian Perkins and Sally Rothwell and witnesses - Helen Ashman, John Dixon, Clair Rosier.

 

The Public Protection Officer presented the report, outlined the variation and the representations received. 

 

Jeremy Phillips representing the applicant, put the case, asked questions of the licensees and made the following points:-

 

·  the premises were in the cumulative impact area (CIA) therefore there was a presumption of refusal;

·  the licence holders were local to Bath and had been involved with licensed premises for a long time;

·  the style of operation was that of a community nightclub with the facility for live bands, working with the local universities, Art Exhibitions,  fundraising and workshops for young musicians, the nightclub was not just a commercial enterprise;

·  there was free entrance to the nightclub;

·  the majority of crimes associated with the club were mobile phone thefts;

·  the licensee had made their mobile phone numbers available to local residents and maintained and incident book;

·  the extended hour would relieve some pressure on people departing from the club;

·  during the previous year they had used 12 Temporary Event Notices (TENs) with extended hours and this year had used 4, the evidence was that there was a more gradual exodus of people and on one occasion though the notice was until 0400am the club had actually closed at 0330 as everyone had left;

·  with regard to drug taking the club had liaised with the police and removed shelving in the toilets, had 15 minute checks of the toilets (both male and female) and had female staff in the female toilets;

·  they no longer allowed re-entry to the club after 0200am and shut the smoking area earlier;

·  the CCTV had previously not been up to specification but had all been checked and was in line with the police recommendations;

·  the following proposed conditions were outlined:-

o  Checks of the male and female toilets on Friday and Saturday nights

o  A log book to be maintained

o  Signage that drugs checks would take place and there was zero tolerance of drugs on the premises

o  Signage of the 'Challenge 21' policy

o  No entry or re-entry to the club after 02.00am

o  the smoking are to close at 02.00am

o  Signage that patrons should respect the local residents

o  Join the Pub Watch Scheme

o  After consultation with the police the club would have a written dispersal policy for Friday and Saturday nights

o  A minimum of 2 door staff from 11pm on Friday and Saturday nights  ...  view the full minutes text for item 143.

144.

LICENSING PROCEDURE - miscellaneous

The Chair will, if required, explain the procedure to be followed for the next two applications.

Additional documents:

Minutes:

RESOLVED that the procedure for the meeting be noted.

145.

Application for permission to provide facilities on the highway for recreation/refreshment at The Porter, 2 Miles's Buildings Bath BA1 2QS pdf icon PDF 4 MB

Minutes:

The Sub-Committee considered a report which sought permission to provide facilities on the highway in respect of The Porter.

 

The applicant was present and the objectors Sally Rothwell, Ian Perkins and Councillor Brian Webber were also present.

 

The Public Protection Officer presented the report and explained that permission was sought for 16 tables with appropriate seating (the same number as last year) and three planters outside the basement entrance.

 

The applicant put his case and confirmed the only change was the three planters by the basement entrance.  The numbers of tables had been reduced last year and he had received no further complaints.  His employees started work each day with a checklist of things to do and further problems had been eradicated.  The lower pavement tended to be used for wheelie bins.  There had been no objection from highways.

 

Questions followed and the applicant confirmed that the lower entrance was very crowded on Thursday/Friday/Saturday.  There were barriers in front of the entrance and a doorman.  They encouraged smokers to use the upper pavement.  The number of tables applied for was confirmed as 16.  With regard to affecting residential amenity the applicant stated that there were no residents above the premises.  He ensured the area was kept tidy and they were very child friendly.

 

Objectors case

 

Sally Rothwell stated that the Ported had improved greatly since the new owner.  However the tables were sometimes put out earlier and left out later.  the pavement was very narrow and there was an A board so sometimes people had to step into the road which was busy.  The tables and chairs at the front of the premises caused a real problem and the planters would cause a problem on the lower pavement due to the large numbers using the lower entrance and it was an accident waiting to happen.

 

Ian Perkins confirmed that the Porter was better run than previously.  He had been pleased when Moles had stopped using the lower entrance which was opposite his property.  The traffic came round very fast at that point and to have planters would reduce the space which was already limited, as there were already problems there.

 

Councillor Brian Webber stated that he objected to the tables and chairs on the upper pavement at the front of the premises.  He liked the 'cafe society' however the owners had to consider the pedestrian traffic.  He was aware there was no highways objection.  George Street was very busy with little space to move and at that point there was also the restriction by the railings.

 

Summing up

 

The objectors briefly summed up their cases.

The applicant stated that the tables and chairs were stacked ready to put out at the appointed times.  He was aware that Moles had changed the entrance but since he had taken over barriers were now used to help the situation.  the planters did not take up much room and there had been no highways objection.

 

The Legal Adviser stated that the Sub-Committee should  ...  view the full minutes text for item 145.

146.

Application for permission to provide facilities on the highway for recreation/refreshment at; Roscoff Deli, 18 Northumberland Place, Bath BA1 5AR pdf icon PDF 3 MB

Minutes:

Councillor Manda Rigby declared an interest in this item as she was a frequent customer.  Therefore this item was deferred until a future meeting.