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.

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

The Committee is asked to consider passing the following resolution:

“that having been satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item(s) of business and the reporting of the meeting be prevented under Section 100A(5A) because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.   

The Sub-Committee passed the following resolution:

Having been satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, the Sub-Committee RESOLVES that the public be excluded from the meeting for the following two items of business and that the reporting of the meeting be prevented in accordance with Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended. 

To note the procedure to be followed for the next two items of business.

Mr A confirmed that he had received understood the procedure to be followed for this hearing.

The Senior Public Protection Officer summarised the application.

Mr A stated his case and was questioned by Members. He then made a closing statement.

Following an adjournment, the Sub-Committee RESOLVED to place 4 penalty points on Mr A’s Private Hire Drivers’ Licence.

Decision and reasons

Members considered what action, if any, to take against a licensee convicted of an offence during the course of his licence who failed to declare it in accordance with Council policy.

In determining the matter Members had regard to the Local Government (Miscellaneous Provisions) Act 1976, the Council's Policy, Human Rights Act 1998 and case law. Members noted that case law stated hearsay evidence is admissible, the economic wellbeing of the licensee is irrelevant and when considering any action the protection of the public is of the utmost importance.

Members took account of Mr SA’s oral and written representations that he had a lot on his mind at the time and had forgotten about the conviction when he renewed his licence. Members recognised his admission and his remorse, but took a dim view that he did not declare his conviction and made a false declaration given he had been licensed for over 3 years. Members proceeded in accordance with their policy and placed 4 penalty points on his Private Hire Drivers’ Licence.

Mr B confirmed that he had received and understood the procedure to be followed for the hearing.

The Senior Public Protection Officer summarised the report. He pointed out that “conviction” should in fact be “caution” throughout the report.

A DBS certificate relating to Mr B and his statement was circulated to Members. Mr B and the Senior Public Protection Officer withdrew from the room while Members studied these.

After the meeting reconvened, Mr B stated his case and was questioned by Members. He then made a closing statement.

Following an adjournment, the Sub-Committee RESOLVED to issue a stern warning about his future conduct to Mr B.

Decision and reasons

Members determined what action to take against a licensee issued with a caution during the course of his licence who failed to declare it in accordance with Council policy. 

In determining the matter Members had regard to the Local Government (Miscellaneous Provisions) Act 1976, the Council's Policy, Human Rights Act 1998 and case law. Members noted that case law stated hearsay evidence is admissible, the economic wellbeing of the licensee is irrelevant and when considering any action the protection of the public is of the utmost importance.

Members took account of Mr MEB’s oral and written representations and noted at the time of the incident his life was in upheaval. Members noted his apology and statement that he had learned a lesson from his mistake. Members therefore depart from the Policy by not giving points, but give a stern warning as to his future conduct and declarations.

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

Applicant: The Cowshed (Bath) Ltd, represented by Matthew Phipps (TLT Solicitors) and Des Jones (Operational Manager)

Other Persons: The Abbey Residents, represented by Sally Rothwell; Mrs Amanda Habisrittinger and Rachel Perry (witness)

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

The Senior Public Protection Officer summarised the application. The applicant was seeking:

to vary the layout and design of the premises;

to add alcohol for consumption off the premises in order for alcohol to be taken into external areas;

to add the condition “the external areas shown on the submitted plan will not be used after 22:00 hours on any evening”.

Representations had been received from Other Persons relating to the licensing objectives of crime and disorder and public nuisance.

Additional information received from the parties, including additional conditions proposed by the applicant, had been circulated to members before the meeting. The additional conditions were:

1. The whole of the outside areas shall be laid out to tables and chairs and no less than 80% of the outside areas will contain furniture.
2. There will be no more than 48 chairs available for customers in the outside spaces at any one time.
3. Waiter/Waitress service will be available throughout the premises at all times.
4. A dedicated member of staff shall supervise and control the outside areas/area (when in use) throughout service
5. Additional garden furniture, such as parasols and/or umbrellas will be available throughout the outside areas at all times.

Members had been given an opportunity to view video footage submitted by the Other Persons.

Mr Phipps stated the case for the applicant. He said that the applicant had opened a similar premises in Bristol five years ago. Another part of the business was Ruby and White wholesale and retail butchers’. The premises was located next to a nightclub, but was itself emphatically a restaurant. The premises had received a number of favourable reviews and had been welcomed as a part of Bath’s dining culture. He noted the concerns expressed about large parties at the premises. It was true that there were large tables in the outside dining area, but there had only been 6 tables with more than 8 diners in the last month, whereas 1700 customers had been served at tables of 7 or less. There was nothing to suggest that the premises had contributed to crime and disorder. Alcohol could only be consumed at a table. The applicant was proposing five conditions relating to the operation of the outside area. The Council’s Licensing Policy, including the Cumulative Impact Policy, had been raised in the representations. He noted that paragraph 16.11 of the Council’s Statement of Licensing Policy says that “the impact can be expected to be different for premises with different styles and characteristics” and submitted that no addition to cumulative impact would arise from this application. The purpose of the application was to allow the serving of alcohol in two areas at the rear of the premises. He submitted that the  ...  view the full minutes text for item 11.