Agenda and minutes

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Contact: Mark Durnford  01225 394458

Items
No. Item

1.

WELCOME & INTRODUCTIONS

Minutes:

The Chair welcomed those present to the meeting and introduced the other members of the Sub-Committee and the officers in attendance.

2.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

There were none.

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 OF PREVIOUS MEETING - 23rd January 2020 pdf icon PDF 129 KB

Minutes:

These were approved as a correct record.

 

The Chair also announced that the Corporate Director had sought her advice prior to taking a decision under emergency powers whilst the Sub-Committee was not able to formally meet. She explained that this was in relation to the removal of a licence from a taxi driver.

6.

LICENSING PROCEDURE

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

Additional documents:

Minutes:

The Chair explained the procedure for the meeting to all parties who were present.

 

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

hearing.

7.

NEW PREMISES LICENCE APPLICATION - Spar, 21-23 HOLCOMBE LANE, Bathampton pdf icon PDF 5 MB

Minutes:

The Senior Licensing Officer outlined the application from Amahar Limited to the Sub-Committee. She explained that it was for a new premises licence for the Spar, 21-23 Holcombe Lane, Bathampton, Bath. BA2 6UL.

 

She stated that the application proposed the sale of alcohol for consumption off the premises only, every day between 06:00 to 23:00 hours. She added that the application proposed the following opening times, every day between 06:00 to 23:00 hours.

 

She informed the Sub-Committee that twelve representations of objection had been received from interested parties within the statutory period and that subsequently further information had been supplied by both the applicant and one of the interested parties.

 

She confirmed that none of the Responsible Authorities had made any representations relating to the application.

 

Professor Roy Light stated the case for the applicant with support from Mr Richard Baker and they were questioned by Members and the interested parties present.

 

Katherine Lutteroth, Kay Martin, Ian Muir and Councillor Kevin Guy stated the case on behalf of the interested parties and they were questioned by Members and the applicant.

 

Decision and reasons

 

Members have determined an application for a new Premises Licence at a Spar convenience store, 21-23 Holcombe Lane, Bathampton. In doing so, they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy, Human Rights Act 1998 and case law.

 

Members are aware that the proper approach under the Licensing Act is to be reluctant to regulate in the absence of evidence and must only do what is appropriate and proportionate in the promotion of the licensing objectives on the information before them. Members reminded themselves that each application must be considered on its own merits.

 

The applicant stated this is an application for a new premises licence at a pre-established village store that had been licenced to sell alcohol between 8:00-23:00hrs Monday to Saturday and 22:30hrs on Sunday.

 

There is some significant support within the representations for these premises as the village needs a shop. It was stated Spar is a good backer and Mr Mahar is an experienced applicant.  The store is undergoing an £80,000 refurbishment and a comprehensive suite of conditions including CCTV coverage both inside and out has been offered.

 

The store will be operated in accordance with the RB Retail & Licensing Limited Site Operations Manual. That Manual contains a range of training materials covering underage sales, a refusals book, information on product knowledge and staff authorisations. In terms of staff they must have completed the training before they can make sales of alcohol.

 

In terms of Interested Party representation it was stated that whilst all 4 objectives were raised they are not all relevant. For example, public safety usually deals with pubs and clubs and protection of children from harm is dealt with by the challenge 25 training and the Manual. In terms of crime and disorder only one incident had been presented and Responsible Authorities had not made representation.

 

The applicant stated public nuisance appeared to be of  ...  view the full minutes text for item 7.