Agenda item

The sub-committee considered the report which sought determination of an application to vary the existing Premises Licence under s34 of the Licensing Act 2003 in respect of The Wine Bar, 19 High Street, Keynsham, BS31 1DP.

Those present for the applicant - Punch Taverns:-

Mike Culley – Regional Business Manager

Paul Brunsden – DPS & Partner

Alison Brunsden – Partner

Those from Responsible Authorities:-

Martin Purchase – Police Licensing Officer

The Senior Public Protection Officer presented the report and outlined the application to vary an existing Premises License at The Wine Bar, Keynsham. A representation had been received from the Police as a Responsible Authority. The Senior Public Protection Officer said conditions had been agreed about signage, CCTV and off-sales. Local residents Mr and Mrs Knight had also submitted a representation about the potential for increased noise to families living locally to the premises. Whilst Mr and Mrs Knight were unable to attend the Sub-Committee meeting, their objections were noted.

Applicant

Mr Mike Culley spoke first for the applicant’s case. He described the proposal to extend sale of alcohol and background recorded music. Mr Culley promised the premises would not be attracting new people late at night. The current patrons currently enjoyed the premises as a wine bar. The current licensees had been with The Wine Bar for 6.5 years. Previous to this, they had run wine bars in France for 10 years. Mr Culley emphasised the premises is a wine bar, and not a pub. The operation attracted a more mature age group; where they can enjoy company and music would be in the background. There is a courtyard to the rear of the building. Mr Culley was happy to discuss the issue of timings. He had considered the impact of the premises on the surrounding area. Mr Culley described the surrounding area as including a coach-house, council premises and storage areas. He said the biggest noise was from the bypass. Mr Culley stated he was happy to meet with the EHO. For clarity, he further explained how the listing of performance of dance had been carried over from a previous licence.

Ms Alison Brunsden spoke next for the applicant’s case. She was proud of The Wine Bar, and had never received complaints from residents. Ms Brunsden described flats were nearby and above the local HSBC bank, butcher and PC shop. She reflected how there were no complaints following New Year’s Eve and weddings. Ms Brunsden said the Police had never warned the premises. She was surprised at the resident’s representation against the application. If Ms Brunsden had known, she would have done something before.

Representation  – Mr Martin Purchase (Police)

Mr Purchase said conditions had been agreed with the applicant’s solicitors. He had nothing further to add to the Sub-Committee.

The representative of the Responsible Authority did not want to sum up but the Applicants did. Mr Culley said the application was not unreasonable.  He explained there was no form of noise nuisance. The application was to extend on the nights that patrons wanted to use the premises. Ms Brunsden commented how lucky she was to have a lovely clientele.

The Senior Public Protection Officer, Public Protection Team Leader and public withdrew from the meeting for Members to consider the application.

When the Sub-Committee reconvened, it was

RESOLVED that the application to vary the Premises Licence at The Wine Bar, 19 High Street, Keynsham, BS31 1DP be granted subject to the conditions agreed by the applicant and police:

·  A digital CCTV system will be fitted and maintained at the premises in consultation with the Police. The images will be of evidential quality and will be kept for a minimum of 31 days. The images will be made available to the Police on request;

·  Signage requesting patrons to leave quietly will be displayed at all exits from the premises;

·  All off sales of alcohol to be sold in sealed containers unless it is to be consumed in an area covered by a Tables and Chairs permit.

 and as set out in the operating schedule:

·  There will be no entry or re-entry (with the exception of customers partaking in a cigarette) after 23:00 hrs on a Friday or Saturday.

Reasons

Members have today determined an application to vary a premises licence at the Wine Bar Keynsham. 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 are aware that the proper approach under the Licensing Act is to be reluctant to regulate in the absence of evidence and must only do what is appropriate and proportionate in the promotion of the licensing objectives based on the information put before them.

Members were careful to take account of the relevant written and oral representations and were careful to balance their competing interests. Members were however careful to disregard irrelevant matters.

On hearing the parties and taking account of the written representations Members grant the application subject to the conditions agreed by the applicant and police and as set out in the operating schedule.

Authority is delegated to the Licensing Officer to issue the licence.