Agenda and draft minutes

Venue: Council Chamber - Guildhall, Bath. View directions

Contact: Sean O'Neill  01225 395090

Items
No. Item

1.

EMERGENCY EVACUATION PROCEDURE

The Chair will draw attention to the emergency evacuation procedure as set out under Note 7.

 

Minutes:

The Democratic Services Officer read out the procedure.

2.

ELECTION OF VICE-CHAIR (IF DESIRED)

Minutes:

RESOLVED that a Vice-Chair was not required on this occasion.

3.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

Apologies were received from Councillors Grant Johnson and Mark Roper. Councillor Liz Hardman substituted for Councillor Johnson.

4.

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.

5.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

6.

ITEMS FROM THE PUBLIC - TO RECEIVE DEPUTATIONS, STATEMENTS, PETITIONS OR QUESTIONS

Minutes:

There were none.

7.

MINUTES: 17 OCTOBER 2018 pdf icon PDF 104 KB

Minutes:

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

8.

LICENSING ACT 2003: REVIEW OF STATEMENT OF LICENSING POLICY AND REVIEW OF CUMULATIVE IMPACT ASSESSMENT pdf icon PDF 81 KB

Additional documents:

Minutes:

The Team Manager – Licensing and Environmental Protection presented the report. She introduced Geoff Cannon, Avon and Somerset Police Licensing Officer, who had worked with Council officers to assemble evidence relating to crime and disorder incidents linked to licensed premises to inform the review of the Cumulative Impact Area.

 

She explained that the Committee was being invited to recommend to Council a revised Statement of Licensing Policy and revised boundaries for the Cumulative Impact Area. Under the Licensing Act 2003 every Licensing Authority is required to issue a Statement of Licensing Policy and to review it every five years; this was the third iteration of the Statement. The Cumulative Impact Policy, which had first been adopted in 2007 (being also referred to at that time as the Saturation Policy), was also being reviewed. This policy addresses problems arising from the large number of licensed premises in a small area of the City. An application for a new premises licence in the Cumulative Impact Area gives rise to the presumption that the application will be refused, unless the applicant can show that there will be no adverse impact on the licensing objectives. The proposal, based on a review of evidence about crime and disorder linked to licensed premises, was to reduce the size of the Cumulative Impact Area as shown in the map on agenda page 129. She drew attention to the responses received during the public consultation in Appendix 1. Twenty-four responses were received, which was actually ten more than the number received in the previous consultation.

 

In response to a question from a Member about climate change and the clean air zone the Team Manager – Licensing and Environmental Protection and the Principal Solicitor explained that conditions about climate change could not be standard conditions on premises licences, because the Licensing Act 2003 is very prescriptive about how and what the Licensing Authority can take into account when determining licensing applications and the kinds of condition that can be imposed on a licence. It is also a light-touch approach. The types of licence conditions are: mandatory conditions imposed by legislation, those imposed by the Licensing Authority following a hearing, those proposed by applicants and then incorporated by the Licensing Authority. It is not possible for the Council to have a standard set of conditions for all premises licences, because if no representations are made to an application, then the licence has to be granted as applied for. It is only when an application comes for determination to the Licensing Sub-Committee that the Licensing Authority can impose conditions, which must relate to the four licensing objectives and be appropriate, enforceable and proportionate.

 

A Member asked about the sale of alcohol to minors including proxy purchases. Mr Cannon replied that the statistics would not justify the inclusion of off-sale premises in the impact zone; alcohol consumed by children was not necessarily bought from licensed premises.

 

In response to a question from a Member the Principal Solicitor explained that the Council had  ...  view the full minutes text for item 8.