Agenda and minutes

The Chair will draw attention to the emergency evacuation procedure as set out under Note 5 on the previous page.

The Clerk read out the procedure.

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

There were none.

To receive any declarations from Members/Officers of personal/prejudicial interests in respect of matters for consideration at this meeting, together with their statements on the nature of any such interests declared.

There were none.

There was none.

The minutes of the 29^th July 2010 were approved as a correct record and signed by the Chair.

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

The Chair drew attention to the Licensing Procedure, copies of which had been made available to those attending the meeting.

Applicant: Tesco Stores Limited, represented by Jeremy Bark, Solicitor, Greg Bartley, Licensing Manager and Robert Henderson, Store Manager.

Responsible Authority: Avon and Somerset Police represented by Martin Purchase (Police Licensing Officer) and Child Protection represented by John Barnes, Strategic Planning Manager.

The parties confirmed that they had received and understood the licensing procedure.

The Licensing Officer presented the application. She explained that the applicant was seeking authorisation for the sale of alcohol for consumption off the premises between the hours of 06:00 and 22:30 Mondays to Sundays and opening hours of 08:00 – 20:00 Monday to Saturday and Sunday 10:00 – 17:00.

A representation had been made by the Police in relation to the licensing objective of the prevention of crime and disorder. Since the application seven additional conditions have been agreed between the applicant and the Police.

A representation had been made by the Child Protection Service in relation to the licensing objective of protecting children from harm.

Further relevant representations had been received from Interested Parties living within the vicinity of the premises in relation to both the prevention of public nuisance and the prevention of crime and disorder objectives.

Mr Bark informed the Sub-Committee that although the regular opening hours of the store would be 08:00 – 20:00 Monday to Sunday they wished to amend the application so that the opening hours and the hours for the sale of alcohol were the same, namely Monday to Sunday 08:00 – 22:00.

He added that extensive discussions had taken place between the Police and the Child Protection Service which had resulted in further conditions being agreed.

Councillor Carol Paradise expressed her concern in relation to having any alcohol displays near the front of the store.

Mr Bark replied that satellite displays would occur within the store during certain promotions and that these would be monitored additionally.

The Strategic Planning Manager commented that the additional information that had been supplied was satisfactory with regard to the welfare of children.

Following an adjournment, the Sub-Committee RESOLVED to grant the application as amended, subject to the mandatory conditions, conditions consistent with the operating schedule and the seven conditions agreed between the applicant and the Police and imposed by the Sub-Committee.

Authority was delegated to the Licensing Officer to issue the licence accordingly.

REASONS

Members have today determined an application for a new premises licence for Tesco Stores Limited, 3 Bristol Road, Keynsham. 

In doing so, they have reminded themselves of the provisions of the Licensing Act, Human Rights Act, case law, Statutory Guidance and the Council's Statement of Licensing Policy.

Members noted that the proper approach under the Licensing Act is to determine an application on its own merits, and to be reluctant to regulate, unless there is evidence that premises may have a negative impact on the licensing objectives.

Members considered the relevant representations and took account of the evidence put before them both oral and written.

Members noted that the application had attracted representations from the  ...  view the full minutes text for item 8.

Applicant: Darius Mosavi, represented by Graham Gover, Solicitor and David Holley, Licensing Agent.

Responsible Authority: Avon and Somerset Police represented by Martin Purchase (Police Licensing Officer) and Inspector Steve Mildren (Bath Police).

The parties confirmed that they had received and understood the licensing procedure.

The Licensing Officer presented the application. She explained that the applicant was seeking authorisation for the removal of the condition on Annex 2 of the licence which restricts the maximum persons allowed on the premises at any one time.

A representation had been made by the Police in relation to the licensing objectives of the prevention of crime and disorder and public safety. The representation expressed concern that any increase in capacity at a venue already subject to alcohol crime, disorder and anti-social behaviour, would further undermine these statutory objectives.

Representations have also been received from two local residents’ associations in respect of the licensing objectives relating to the prevention of crime and disorder, the prevention of public nuisance and public safety. The representations express concern that an increase in the club’s capacity if granted, will “inevitably exacerbate the problem of anti-social behaviour and crime and disorder” at a premises already exhibiting evidence of “licensing breaches, disorder, drunkenness and violence”.

Mr Gover informed the Sub-Committee that it was his belief that under the Regulatory Reform (Fire Safety) Order 2005 any condition that could be monitored by another regime; in this case Fire Safety, should not be imposed on the licence.

Mr Gover was informed by the Licensing Officer that the condition had been proposed, by the applicant, to promote the licensing objective of the prevention of crime and disorder and that the applicant’s licensing agent had been informed of this in April 2010.

Inspector Steve Mildren addressed the Sub-Committee. He spoke of how the Police still had concerns over alcohol related crime and anti-social behaviour associated with the premises.

Ian Perkins from The Abbey Residents Association addressed the Sub-Committee. He spoke of how the premises was failing in its duty to provide standards to prevent crime and disorder.

Following an adjournment, the Sub-Committee RESOLVED to refuse the application.

REASONS

Members have today determined an application for the variation of a premises licence for The Weir Lounge, Spring Gardens Road, Bath.  In doing so they have reminded themselves of the provisions of the Licensing Act, Human Rights Act, case law, Statutory Guidance and the Council's Statement of Licensing Policy which includes a Cumulative Impact Policy.

Members note that the proper approach under the Licensing Act is to determine an application on its own merits and be reluctant to regulate unless there is evidence that premises will have a negative impact on the licensing objectives.

Members considered the relevant representations and took account of the evidence put before them both oral and written.

The application was for the removal of the current capacity limit of 200 persons.  It attracted representations from the Police based on the licensing objective of the prevention of crime and  ...  view the full minutes text for item 9.