Agenda and draft minutes

Venue: Kaposvar Room - 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 advised those present of the procedure.

2.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

3.

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.

4.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

5.

MINUTES : 26TH APRIL 2018 pdf icon PDF 78 KB

Minutes:

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

6.

EXCLUSION OF THE PUBLIC

The Committee is asked to consider passing the following resolution:

 

“the Committee having been satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, RESOLVES that the public shall be excluded from the meeting for agenda item 9, and that the reporting of that item be prevented under Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.   

Minutes:

The Committee, having been satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, RESOLVED that the public shall be excluded from the meeting for agenda item 8, and that the reporting of that item be prevented under Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.   

 

7.

TAXI PROCEDURE pdf icon PDF 35 KB

Additional documents:

Minutes:

The Chair drew attention to the procedure to be followed for the item 8.

8.

APPLICATION FOR COMBINED HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE pdf icon PDF 26 KB

Additional documents:

Minutes:

Application reference: 18/00496/TAXI

 

The Applicant confirmed that he understood the procedure to be followed for the hearing.

 

The Senior Public Protection Officer presented the report, and provided Members with copies of a Disclosure and Barring Service certificate relating to the Applicant, a written statement from him and two references. The hearing was adjourned to allow Members time to study these documents.

 

After the adjournment the applicant stated his case and was questioned by Members.

 

Following a further adjournment the Sub-Committee RESOLVED that the applicant was a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence, and delegated authority to the Licensing Officer to issue the licence, subject to the satisfactory completion of the remaining stages of the licensing process.

 

Reasons

 

Members have had to determine an application for a combined Hackney Carriage/Private Hire Driver’s Licence. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

 

The applicant stated that his convictions were a long time ago when he exercised bad judgment and is something he regrets. He explained that he has had twenty years in the work place since without any problems and that he now has a clean driving licence.

 

Members took account of the applicant’s oral representations, his written statement, references and balanced these against the information contained in the Disclosure and Barring Service Certificate.

 

Members noted that the applicant had remained conviction free for well in excess of the period expected in the policy and had positive references from two senior colleagues at his current employer who spoke of his pleasant nature, reliability, honesty and professionalism.

 

In all the circumstances Members find the applicant to be a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence as he has remained conviction free for some time and it is evident from his references that he has the qualities that members would expect from a combined Hackney Carriage/Private Hire licensed driver.

 

Authority is delegated to the public protection officer to issue the licence subject to the applicant completing all steps required by the licencing process.

9.

LICENSING ACT PROCEDURE

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

Additional documents:

Minutes:

The Chair drew attention to the procedure to be followed for the next item of business.

10.

APPLICATION FOR A PREMISES LICENCE FOR THE SPIRIT OF THE HORSE, BIG TOPS, FRONT TRIANGLE, BATH RACECOURSE, LANSDOWN, BATH BA1 9BU pdf icon PDF 3 MB

Minutes:

Applicant: Equestrian Theatre Ltd, represented by Neville Wilson

 

Responsible Authority: Avon and Somerset Police, represented by Paul Kendall (Police Licensing Officer)

 

The Senior Public Protection Officer presented the report.

 

Mr Wilson stated the case for the applicant. He said that the applicant had organised this kind of show on many occasions in the UK, including in most of the London Boroughs. It was not a “booze-up”, but an entertainment for families. Parents would be able to go to the designated area and purchase an alcoholic drink before the show and during the interval, just as in a theatre bar. Only holders of a ticket for the performance would have access to the bar, which would be located in the foyer, where a variety of other items would also be for sale.

 

The Chair asked what would be available in the bar. Mr Wilson said there would be no draught beer, but bottled beers, wines and spirits.

 

Mr Kendall stated the case for the Police. He said that in the view of the Police the conditions in the operating schedule were not specific enough to be enforced. The police had therefore proposed conditions addressing each of the four licensing objectives, as set out on pages 62-63 of the agenda. Discussions had been held with the applicant, who had agreed to accept these conditions.

 

In response to a question from the Chair Mr Wilson confirmed that the applicant was willing to accept the conditions proposed by the Police.

 

A Member asked Mr Wilson whether staff training records would be actually kept at the premises, as one of the Police conditions would require. Mr Wilson replied that this is done as a matter of course and there is no problem about it, because staff are employees of the applicant and not casuals.

 

The Senior Public Protection Officer suggested that part of the condition proposed by the Police that “... the DPS will ensure that all staff are trained in implementing ‘Challenge 25’ was otiose because there is already a mandatory condition to this effect. The Chair responded that the Sub-Committee would consider this during the adjournment.

 

Neither party wished to sum up.

 

Following an adjournment, the Sub-Committee RESOLVED to grant the application, subject to the conditions detailed below. Authority was delegated to the Public Protection Officer to issue the licence.

 

Full Decision and Reasons

 

Members have had to determine an application for a new Premises Licence for Spirit of the Horse, Big Tops, Front Triangle, Bath Racecourse, Lansdown, Bath, BA1 9BU. 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 they must only do what is appropriate and proportionate in the promotion of the licensing objectives based on the information put before them. Members noted that each application is considered on its own merits.

 

Members  ...  view the full minutes text for item 10.

11.

TABLES AND CHAIR PROCEDURE pdf icon PDF 33 KB

Additional documents:

Minutes:

The Chair drew attention to the procedure to be followed for the next item of business.

12.

APPLICATION FOR PERMISSION TO PROVIDE FACILITIES ON THE HIGHWAY FOR RECREATION/REFRESHMENT AT HANDS TEAROOM, 1 ABBEY STREET, BATH BA1 1NN pdf icon PDF 3 MB

Minutes:

Applicant: Hands Tea Room, represented by Laurence Swan (owner)

 

Objector: Highway Maintenance, represented by George Bottin (Principal Engineer Highway Maintenance & Improvement)

 

The parties confirmed that they understood the procedure to be followed for the hearing.

 

The Licensing Officer presented the report. Highways had submitted additional information before the hearing, comprising 2 extracts from the London Gazette of 1966 and 1967 about a local traffic order and photographs. The Applicant had submitted additional information before the hearing comprising photographs and written representations.

 

Mr Swan stated the case for the applicant. He said that he was the owner of Hands Georgian Tea Room and of the Bath Bun in Abbey Green and was a standing member of Bath Business Improvement District and ran the Abbey Trader’s Association. He said that the area around the Tea Room had been blighted by the redevelopment in the Abbey Area and the complete closure of York Street, which he understood was going to be rebuilt. Traders wished to find ways of reanimating the area by increasing its attractiveness. He thought that locating tables and chairs outside the Tea Room would help to do this. At present Abbey Street, in which the Tea Room was located, was closed from York Street to Abbey Green. There had been bollards at the York Street end, since 1966 and now there were bollards across York Street at the Junction with Stall Street. Upper Borough Walls was also closed to traffic from 10:00 to 17:00. Mr Swan referred to an occasion in July when a lady had fallen outside the Crystal Palace public house and medical staff had been able to attend her after parking their vehicle near to the bollards in York Street, showing, he submitted, that there was adequate access for emergency vehicles. He said that vehicles had occasionally been parked in York Street, having gained access to Abbey Street before 10:00. He said that he was confident that Hands Tea Room would be able to comply with the terms of tables and chairs permit, if granted, as he already has a permit for the Bath Bun. He referred to the photographs submitted by Highways showing an Openreach van in the area where he proposed to site the tables and chairs, and said that he not witnessed vehicles parked there on more than four occasions during the time that he had been there.

 

A Member asked whether the tables and chairs area outside Hands would be surrounded a barrier. Mr Swan said that he would like the area to be surrounded by a small barrier to control the flow of customers to the tables and chairs and so reduce risk.

 

In reply to questions from the Chair Mr Swan stated:

 

  • a full menu would be available, cold and cooked, including baguettes, cream teas and hot and cold drinks; high teas are very popular

 

  • the premises did hold an alcohol licence, but alcohol sales are very small; he understood that alcohol could not be served outside