Agenda and 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 5 on the previous page.

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 Councillor Gerry Curran, for whom Councillor Dine Romero substituted. Councillor Nathan Hartley substituted for Councillor Romero for agenda items 9 and 10.

4.

DECLARATIONS OF INTEREST

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.

Minutes:

There were none.

5.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

6.

MINUTES: 4 NOVEMBER 2011 pdf icon PDF 48 KB

Minutes:

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

7.

LICENSING PROCEDURE

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

Additional documents:

Minutes:

The Chair drew attention to the licensing procedure, copies of which had been made available to those present at the meeting.

8.

APPLICATION TO VARY A PREMISES LICENCE FOR THE GREYHOUND, 1 HIGH STREET, MIDSOMER NORTON, BA3 2LE pdf icon PDF 12 MB

Minutes:

Applicant: Punch Taverns, represented by Matthew Phipps (TLT Solicitors), Adrian Smith (Punch Taverns), Mark Ashman (Designated Premises Supervisor)

 

Responsible Authorities: Avon and Somerset Police, represented by Martin Purchase (Liquor Licensing Officer)

 

Interested Parties: Cllr Michael Evans, Terry Andrews, Jennifer Shore, Cllr Linda Dunford, Shaun Hughes, Mr and Mrs Harvey, Terry Bush

 

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

 

The Licensing Officer presented the report. She said that the applicant was seeking:

 

·  to extend the terminal hour for the supply of alcohol from 01:00 to 02:00 on Fridays and Saturdays

 

·  to maintain 30 minutes drinking up time following the last permitted sale of alcohol

 

·  to permit the premises to open at 08:00 each day

 

·  to remove the following condition rendered otiose by The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010:

 

There shall be no discounted prices on drinks, no drinks promotions and no “Happy Hours”.

 

The Police had made a representation seeking the imposition of the following condition:

 

No alcohol will be consumed in any outside area after 12 midnight.

 

Mr Phipps stated the case for the applicant. He asked Members to focus on the essence of the application, which was a request to extend the terminal hour for the sale and supply of alcohol by one hour on Fridays and Saturdays. The application to be able to open the premises at 08:00 had nothing to do with the consumption of alcohol. The premises had recently been modernised in the style of a café. The premises were now under a new manager, with a long-term contract, unlike the temporary managers of the recent past. He believed that better management would have a positive effect on the conduct of customers. The applicant was willing to accept the condition proposed by the Police and the Police had indicated that they now supported the application. Mr Phipps suggested that some representations from Interested Parties appeared to indicate confusion about the nature of the application, which was not a review, but an application for a variation. However, having seen the representations, the applicant would now offer additional conditions should the variation be granted:

 

·  no entry to the premises after 00:30

·  two SIA-registered door staff to be employed from 9pm until the last customer left the premises on Fridays and Saturdays

·  the side door not to be used by customers

·  a contact phone number for the premises to be made available to local residents

·  volume of music to be restricted to levels agreed with Environmental Health to encourage a process of winding down by customers before closing time

 

Mr Phipps responded to questions put by Members and Interested Parties.

 

Mr Purchase stated the case for the Police. He explained that the Police never “supported” applications; they played a neutral role and their stance was based on evidence and the feelings of the community. A major cause of concern for local residents had been the outside area. The current licence provided that “no drinking shall take place on the decking  ...  view the full minutes text for item 8.

9.

APPLICATION TO VARY A PREMISES LICENCE FOR MIX GRILL, 4 CLEVELAND PLACE EAST, WALCOT, BATH BA1 5GJ pdf icon PDF 5 MB

Minutes:

Applicant: Jamie Brian

 

Responsible Authority: Avon and Somerset Police, represented by Martin Purchase (Liquor Licensing Officer), Inspector Steve Mildren, WPC Gemma Kirby

 

Interested Parties: Alex Schlesinger and one other (name withheld following request for anonymity)

 

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

 

The Licensing Officer summarised the application, which was for a variation as set out in paragraph 4.3 of the report. She said that the Police strongly opposed the application, but suggested that if it were granted additional conditions should be attached to the licence as set out in paragraph 4.14 of the report. Representations had also been received from Interested Parties.

 

The applicant stated his case. He said that he had reopened his shop after it had been closed for a year. Usually not many people came to the shop, though it was patronised by tourists during the summer months. He mostly did home deliveries. He wished to sell alcohol because it had been requested by customers.

 

A Member asked the applicant to comment on the statement made by Inspector Mildren given on page 135 of the agenda that “the Police licensing officer made several attempts to discuss the application with the applicant but was told by the applicant that he was far too busy to undertake a meeting”. Mr Brian replied that he worked till 5 am seven days a week. Attendance at today’s hearing had cost him two hours trading. He had been unable to guarantee that he would be available at a specific time for a meeting with the Police.

 

A Member asked the applicant at what times customers came to the shop. Mr Brian replied that they generally came until midnight or later at the weekend. Working class people coming to the shop wanted to be able to buy a drink. He didn’t think that people would be leaving nightclubs and then coming to his shop to buy alcohol.

 

Mr Schlesinger asked the applicant if he knew how many representations the application had received from interested parties and if he understood why there were so many? The applicant replied that he did not.

 

The other parties stated their cases.

 

Mr Purchase said that over a three week period he had tried to contact the applicant. He had left several messages on his ansaphone and had emailed, but the applicant had failed to reply. The premises were located on a busy arterial route and there was a high level of crime and disorder in the area. There were already two other licensed premises nearby. Inspector Mildren said that the premises were located within the zone where drinking on the street was forbidden. It was a densely populated area which was crossed late at night by people going home. It was his view that the granting of the application would add to the level of disorder in the area. The applicant said in response that that people had easy access to alcohol

 

Mr Schlesinger said that there was not  ...  view the full minutes text for item 9.

10.

APPLICATION FOR A PREMISES LICENCE FOR KEYNSHAM MEMORIAL PARK, KEYNSHAM, BRISTOL BS31 1DG pdf icon PDF 2 MB

Minutes:

Applicant: Keynsham Town Council represented by Dawn Drury (Deputy Town Clerk)

 

The Licensing Officer presented the report. Environmental Health had requested that two of the conditions proposed in the operating schedule should be reworded in order to clarify the meaning and ensure the promotion of the licensing objective. The original conditions and the proposed amended conditions were given in paragraph 4,11 of the report. The applicant had confirmed in writing their willingness to accept the amended conditions.

 

RESOLVED to grant the licence as applied for, subject to the amended conditions as proposed by Environmental Health.

 

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

 

REASONS

 

Members have determined an application for a Premises Licence for Keynsham Memorial Park. In doing so they have reminded themselves of the Licensing Act 2003, Statutory Guidance, the Council’s Statement of Licensing Policy and the Human Rights Act 1998. 

 

Members are aware that the proper approach under the Licensing Act 2003 is to be reluctant to regulate in the absence of evidence and must only do that which is appropriate and proportionate in the promotion of the licensing objectives on the evidence before them.

 

Members noted a Responsible Authority had suggested a rewording of the steps the applicant suggested they would take to promote the four licensing objectives and that the applicant had agreed to this rewording. Members amend that wording accordingly.