Agenda and minutes

The Democratic Services Officer read out the procedure.

Apologies were received from Councillor Anthony Clarke, Councillor Tim Warren was his substitute.

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.

Councillor Manda Rigby declared an interest in the Spiegeltent, in that she had facilitated a meeting on the issue, but stated that this had not prejudiced her view and remained in the meeting.

There was no urgent business.

RESOLVED that the minutes of the meeting on 4^th November 2014 be approved as a correct record and signed by the Chair.

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

The Chair explained the procedure to be followed in respect of the following item on the agenda.

The Sub-Committee considered the report which sought determination of an application from Mr David Greenwood for the review of a premises licence under section 51 of the Licensing Act 2003, in respect of the Bath Fringe Spiegeltent, Recreation Ground, Pulteney Mews, Bathwick, Bath.

The following people were present for the review:-

Alan Willey (representing the review applicant), Mr White, Mrs Brown and Lizzie Milne.

The following people were present in respect of the premises:-

Steve Henwood and Wendy Matthews (Bath Fringe Ltd), Annie Beardsley, Mr Oates and Mr David Stephenson.

The Senior Public Protection Officer presented the report and explained the current terms of the licence.  She stated that the application for review was on the grounds of the prevention of public nuisance and representations had been received that this operation caused a detrimental effect to nearby residents.

Mr Alan Willey representing the applicant for review made his case:-

·  The operation generally adhered to the conditions;

·  A few breaches had occurred and some events had overrun;

·  The tent had no sound insulation and noise was reflected towards Great Pulteney Street, specifically amplified in the corner area on the upper floors;

·  As the buildings were Grade 1 listed double glazing was not a solution;

·  It affected residents watching TV, listening to music and trying to sleep;

·  It continued for 10 consecutive days where as the rugby only lasted 1-2 days;

·  If the hours were reduced to 22:30 it would make it easier for residents;

·  He referred to the noise limits set which conflicted with a survey done and the ambient noise levels;

·  To have an upper limit was impractical as it was frequently exceeded with peaks of 102 decibels and measurements should be taken over a 15 minute period.

In answer to questions he responded as follows:-

·  There was a mobile phone number to ring if there were complaints which had been used successfully but was not always answered;

·  Events had only overrun a few times;

·  Limits should be set by Environmental Health and then measured and enforced;

·  The ambient noise level did vary;

·  Some issues would be discussed under the Land Hire Agreement;

·  Some of the complaints made were when there no events in the tent.

Mr White put his case for the review:-

·  Environmental health had installed monitoring equipment in his house which has not worked;

·  In the Code of Practice paragraph 4.2, reference was made to ‘noise being inaudible after 23:00 hrs;’

·  You could only enforce conditions on the licence;

·  For several years the Spiegeltent had operated with no nuisance but now the event was larger, the music was amplified and the sale of alcohol had increased.

In answer to questions he responded as follows:-

·  It was believed that the noise had got worse due to the change in position of the tent;

·  The tent had moved due to higher fees being charged on the rugby pitch;

·  The Senior Public Protection Officer confirmed that the Bath Fringe had continued to pay the higher fee for  ...  view the full minutes text for item 97.

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

The Chair explained the procedure to be followed in respect of the following items on the agenda.

The Sub-Committee considered the report which sought determination of an application for a new premises licence in respect of Byron, Bath.

The applicant Marc Balding was present with his representative Graeme Cushion.

The Public Protection Officer presented the report and outlined the application.  She stated that a representation had been received from Avon and Somerset Constabulary stating that the application lacked detail and clarity with reference to the licensing objectives.  Conditions were proposed by Avon and Somerset Constabulary (see paragraph 5.12 of the report) and agreed by the applicant in writing.

The applicant’s representative put the case and stated that the applicant was an experienced operator with 47 premises.  No representation had been received except for the police and those conditions had been agreed.  They noted the premises were in a cumulative impact area but this premises would not add to these problems as they provided a waitress only service and their drink prices were relatively high.  The operator had never had any enforcement issues or a review of a licence.

There were no questions from Councillors or the Police.

Martin Purchase (Avon and Somerset Constabulary) was present having made a representation.  He stated he had nothing to add as the proposed conditions had been agreed.  There were no questions. 

All parties had nothing further to add in summing up.

The Sub-Committee adjourned to consider their decision.

RESOLVED that a new premises licence be granted in respect of Byron, Unit 3 Saw Close, Bath BA1 1EY, subject to the standard terms and conditions and extra conditions as amended by Avon and Somerset Constabulary.

Reasons for decision

Members have today determined an application for a new premises licence for Byron Hamburgers Ltd Unit 3 Saw Close, Bath.  In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy and the Human Rights Act 1998.

Members noted the premises are in the Cumulative Impact Area and the Police had made representation and suggested conditions which the applicant had agreed to being placed on the licence.  Members considered that with the nature of the premises and imposition of these conditions the premises were unlikely to add significantly to the cumulative impact being experienced.

Authority is delegated to the Public Protection Officer to issue the licence with the agreed conditions.

The Sub-Committee considered the report which sought determination of an application for a new premises licence in respect of Zizzi, Bath.

The applicant Marc Ward was present with his representative Graeme Cushion.

The Public Protection Officer presented the report and outlined the application.  She stated that a representation had been received from Avon and Somerset Constabulary stating that the application lacked detail and clarity with reference to the licensing objectives.  Conditions were proposed by Avon and Somerset Constabulary (see paragraph 5.12 of the report) and agreed by the applicant in writing.

The applicant’s representative put the case and stated that the applicant was an experienced operator with 125 premises.  No representation had been received except for the police and those conditions had been agreed.  They noted the premises were in a cumulative impact area but this premises would not add to these problems as they provided high quality Italian food and a waitress only service.  The operator had never had any enforcement issues or a review of a licence.

There were no questions from Councillors or the Police.

Martin Purchase (Avon and Somerset Constabulary) was present having made a representation.  He stated he had nothing to add as the proposed conditions had been agreed.  There were no questions. 

All parties had nothing further to add in summing up.

The Sub-Committee adjourned to consider their decision.

RESOLVED that a new premises licence be granted in respect of Zizzi, Unit 2 Saw Close, Bath BA1 1EY, subject to the standard terms and conditions and extra conditions as amended by Avon and Somerset Constabulary.

Reasons for decision

Members have today determined an application for a new premises licence for Gondola Restaurants Ltd Unit 2 Saw Close, Bath.  In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy and the Human Rights Act 1998.

Members noted the premises are in the Cumulative Impact Area and the Police had made representation and suggested conditions which the applicant had agreed to being placed on the licence.  Members considered that with the nature of the premises and imposition of these conditions the premises were unlikely to add significantly to the cumulative impact being experienced.

Authority is delegated to the Public Protection Officer to issue the licence with the agreed conditions.