Agenda and minutes

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

The Democratic Services Officer 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.

These 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 members of the public attending the meeting.

Applicant:  Punch Taverns, represented by TLT Counsel and Punch Taverns representative

Responsible Authority: Environmental Health Officer Jeremy Lockley

The Interested Parties were not present and were not represented.

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

The Licensing Officer summarised the application, which sought to extend the existing activities, hours and conditions to the first floor of the premises. Representations had been received from local residents in relation to the licensing objectives of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm. A representation had also been received from an Environmental Health Officer (EHO)  in relation to the licensing objective of the prevention of public nuisance proposing that the first floor area should be used for dining only and that regulated entertainment should not take place there.

Counsel stated the case for the applicant. He apologised that no employee of the applicant had been able to be present at the meeting. He said that there was no application to extend hours, even though some representations had been based on a misconception that this was the case. The use of the term “extension of hours” in the application was a statutory requirement. He said that regulated entertainment took place on the premises only about twelve times a year. The upstairs area was small and was intended to be used for dining. The applicant was now prepared to withdraw that part of the application relating to the provision of regulated entertainment there. He noted that the representations contained a few references to incidents of noise nuisance. The applicant had had discussion with the Licensing Officer and the EHO and had responded to the EHO’s concerns by withdrawing that part of the application relating to the provision of regulated entertainment on the first floor of the premises. He noted the references in representations to noise from taxis calling at the premises and said that, while this was not under the control of the premises supervisor, the applicant would, through the licensing officers, request the taxi firms to give their drivers appropriate advice.

In reply to questions from a Member, Counsel stated that

·   the premises were not listed, but subject to a conservation order. If it were suggested that noise insulation should be fitted, the applicant would consider this

·  a representation had been made about customers being present in the beer garden after the terminal hour of 23.00; the applicant would give more attention to enforcing the terminal hour in future

The Environmental Health Officer Jeremy Lockley stated his case. He highlighted that the premises was in a terrace and had residential properties immediately adjacent on both sides. The first floor would be on the same level as neighbours’ bedrooms. Mr Lockley stated that, in his professional opinion, any provision of regulated entertainment on the first floor would cause a noise nuisance. He confirmed that, whilst he was not withdrawing his representation, his concerns would be addressed if a condition  ...  view the full minutes text for item 8.

Applicant: The Royal British Legion Club Bathford Ltd, represented by Luke Emmett (Secretary)

Responsible Authority: Environmental Health Officer Diarmid Henry

Interested Parties: Mrs Philippa Bevan and Ms Sarah Tinney

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

The Licensing Officer summarised the application, which sought to extend the hours for the supply of alcohol, add permission to sell alcohol for consumption off the premises, extend the hours for live music, recorded music and facilities for dancing (for provision indoors and outdoors) and add permission for films (indoor only), indoor sporting events, dance (indoors and outdoors), facilities for making music (indoors and outdoors), provision of facilities for similar entertainment (indoors and outdoors).

Representations had been received from Environmental Health in relation to the licensing objective of the prevention of public nuisance and from the Parish Council and local residents in relation to the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance.

Mr Emmett stated the case for the applicant. He explained that RBL Clubs were members’ clubs and limited companies. He said that the representations received to the application had made him think carefully about the way in which the club communicated with local residents. When making the application he thought that he would make it as wide as possible to give the club maximum flexibility. In retrospect he did not think this had been a good idea. The club was surrounded by about twenty houses and he wanted the best for the club and for the local community and was prepared to compromise. After discussion with the Environmental Health Officer, he no longer wished to seek authority to provide regulated entertainment outside, even though there were only three outside events in the whole of the previous year, and only one was planned for the forthcoming year.

The EHO’s representation stated that noise from the function room had been barely audible at the nearest residential premises when he had visited on 13 November 2010. That night the noise level did not go above 93db as measured by the club’s sound meter. The application had offered a condition that noise should not go above 100db; on reflection he wished to amend this to 90db. He acknowledged that doors had on occasion been left open during the summer, despite a licence condition forbidding this. Compliance with the condition would be monitored more strictly in future.  Patrons had also congregated on the fire escape; a club bye-law had been made restricting the use of the fire escape to ingress and egress. Signs would be placed on doors reminding patrons that the club was located in a residential area. He would be willing for drinking outdoors to cease earlier than had been stated in the operating schedule, to 10.30pm or 10pm if considered appropriate. Noise levels would be monitored with the club’s sound meter. If performers or DJs did not keep music to an acceptable level, the event would be terminated.

Next year  ...  view the full minutes text for item 9.

Applicant: Sainsbury’s Supermarkets Limited, represented by Winckworth Sherwood LLP and the Green Park Station store manager.

The Interested Parties were not present and were not represented.

The applicant’s solicitor stated the Company’s case.  She said that the store was under construction and the scheduled opening date was 26 April 2011. She said that the applicant was aware of problems with anti-social behaviour of young people and welcomed an open dialogue with residents. Cashiers would be trained to challenge any one attempting to purchase alcohol who appeared to be under the age of 21. In response to a question from a Member about why the applicant wished to sell alcohol from 06.00 to 00.00, she replied that this would provide a service to people working shifts and non standard hours and would give the store flexibility with sales at Christmas.

Following an adjournment the Sub-Committee RESOLVED to grant the licence as applied for, subject to the  mandatory condition related to the sale of alcohol, and to  conditions consistent with the operating schedule.

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

REASONS

Members have determined an application for a new premises licence for Sainsbury’s, Frome Road, Odd Down, Bath.  In doing so they have taken account of the Licensing Act, Human Rights Act, the Council’s Policy and the Statutory Guidance.

Members are aware that the proper approach under the Licensing Act is only to do what is necessary and proportionate to promote the licensing objectives.

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

Members were careful to balance the competing interests of the applicant and those of the Interested Parties in reaching a decision. Accordingly, Members have done only that which is reasonable and proportionate in the circumstances.