Agenda and minutes

The Chair welcomed those present to the meeting and introduced the other

members of the Sub-Committee and the officers in attendance.

There were none.

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.

Councillor Sally Davis, Councillor Steve Hedges and the Chair, Councillor Manda Rigby all declared an other interest with regard to agenda item 7 as a member of the public, Tim Warren, who was speaking on behalf of a number of residents was a former Councillor of Bath and North East Somerset Council.

Councillor Steve Hedges declared an other interest with regard to agenda item 10 as he had previously had communication with the driver concerned on a planning matter within his ward.

There was none.

The Sub-Committee approved the minutes of 21^st January 2021 as a correct record.

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

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.

The Senior Licensing Officer presented the report to the Sub-Committee. She explained that the application proposes the following licensable activity:

·  The sale by retail of alcohol for consumption on and off the premises every day between 10.00 – 23.45.

The application proposes the following opening times:

·  Every day 10.00 – 00.00

She informed the Sub-Committee that during the statutory period eight representations of objection were received that collectively expressed concerns that the applicant’s proposals were likely to undermine all four of the licensing objectives.

She said that two representations in support of the application were received advising how the management of the premises, staff training and implemented policies would serve to promote the licensing objectives.

The applicant stated that no objections had been received from the responsible authorities and that no complaints had been directly received by them.

They said that the hours applied for would provide flexibility for the business to operate.

They explained that the proposed tasting events would be tailored to individual requests and would be for a set time and number of people.

The applicant said that any seating used in the outside area would be packed away in the evening and not available for general use.

Tim Warren asked if the outside area would be used for tasting events.

The applicant replied that it would not, it would be a waiting area or space for customers to have a drink outside.

Tim Warren addressed the Sub-Committee on behalf of a number of interested parties. He said that the outside area was in close proximity to a junction of two busy roads and that occupancy of this area could become a difficulty for driver visibility. He added that there were concerns that the area would be used for consumption after the purchase of off sales.

Councillor Karen Warrington addressed the Sub-Committee on behalf of Chew Magna Parish Council. She said that the amendments offered by the applicant were welcome, but that use of the outside area remained a cause for concern in respect of public safety and nuisance. She asked the applicant to consider addressing issues relating to parking and rubbish near the premises.

The applicant replied that it would advise customers to use the local public car park.

Decision and Reasons

Members have determined an application for a new Premises Licence at Tunbridge Road, Chew Magna. 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 application is for a new premises licence adjoining their existing distillery. It was for the same hours as existing which is run without issue. The  ...  view the full minutes text for item 75.

The Lead Licensing Officer presented the report to the Sub-Committee. He explained that the report invited the Members to consider whether or not a vehicle that cannot comply with the standard private hire vehicle conditions is suitable to be licensed as a private hire vehicle.

He informed them that the application is for a convertible Mini Cooper which was first registered on the 1st March 2018 and at the time of application, the vehicle was 3 years old.

He said that the standard conditions attached to the grant of a Private Hire Vehicle licence state “The vehicle must be fitted with a right-hand drive and shall have a minimum of four doors. At least three of these doors must be accessible for passengers to enter and exit the vehicle without the need to move, adjust, or climb over any seating”.

He stated that the vehicle is fitted with 2 doors and whilst the vehicle is a convertible model, in the event of an accident when the roof is not retracted any passengers in the rear would not have an accessible egress from the vehicle. Therefore, the vehicle is non-compliant with this requirement stipulated by the standard conditions.

He explained that the standard conditions attached to the grant of a Private Hire Vehicle licence state “A roof sign as prescribed by the Council shall be fitted to the vehicle at all time whilst hired or available for hire. The roof sign shall be fitted along the length of the vehicle’s roof, illumination of the roof sign is not permitted”.

He said that the vehicle is a convertible model and cannot be fitted with a roof sign, therefore, the vehicle is non-complaint with this section of the standard conditions.

The Sub-Committee were shown a video to enable them to virtually inspect the vehicle.

The applicant addressed the Sub-Committee and said that in light of the Covid-19 pandemic they were seeking a new way to attract business alongside their longstanding small coach / mini-bus tours of Stonehenge.

They said that the vehicle would be used for sightseeing tours of the City and that customers would have to book and pay in advance for the tours.

They stated that when in use the vehicle would be travelling at a low speed for the majority of the time.

The applicant said that they were willing to seek other solutions regarding the need for signage on the vehicle.

Decision and Reasons

Members have had to determine an application for a Private Hire Vehicle Licence. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, the Council’s Policy and the applicant’s written and oral representations. Members also had the benefit of a ‘virtual’ inspection of the vehicle. 

The applicant outlined the nature of its business and stated it has an operators’ licence to run larger buses and mini-bus tours and have done so without incident or accident. They now wish to run smaller bespoke tours and use the iconic  ...  view the full minutes text for item 76.

The Sub-Committee is asked to consider passing the following resolution:

“the Sub-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 the following item(s) of business and the reporting of the meeting 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.   

The members of the Sub-Committee agreed that they were 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. They RESOLVED that the public should be excluded from the meeting for the following item(s) of business and the reporting of the meeting 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.

The Lead Licensing Officer presented the report to the Sub-Committee. He explained that the report invited the Members to consider whether the driver concerned remains fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s licence having obtained a recent conviction.

He informed the Sub-Committee that the driver has held a combined Hackney Carriage/Private Hire drivers’ licence with this Authority since 1st July 2016.

He said that on the 16th October 2020 the driver informed licencing of a summons to appear before Bath Magistrates Court and that on the 26th October 2020 the driver informed licensing that he had subsequently attended Bath Magistrates Court and been convicted of an offence.

He explained that the Policy adopted by Bath & North East Somerset Council in relation to previous convictions, cautions and fixed penalty notices states “applications from applicants disclosing a history of offending showing convictions and or formal police cautions falling within or outside of this policy will be referred to the relevant Licensing Sub-Committee for determination”.

He stated that there have been no complaints regarding driver’s behaviour since the grant of his licence in 2016.

The driver addressed the Sub-Committee and explained that he had taken his children out of school for a holiday. He stated that the conviction received related to non-payment of a fine for this action. He said that he never received notification of the fine and that had he done so he would have paid it.

He added that he also holds an Operators Licence and provides Home to School transport across the Council. He said that they have often been praised for their safety by users of this service.

Decision and Reasons

Members have had to consider whether the Licensee remains fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s licence having informed the Licensing Authority of a conviction received on 26.10.2020. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law, Council Policy and the Licensee’s oral representations.

The Licensee said he had taken his children out of school for a holiday and was at first unaware that he had been fined. He said he also holds an operator licence and does not believe the conviction will impact on his fitness. 

Members noted that the Licensee had made the authority aware of a summons and conviction for an offence of failing to secure regular school attendance.

Members gave the licensee credit for acting in accordance with their Policy and noted the Licensee had been licensed since 2016 without complaint or incident. In all the circumstances Members did not consider the offence impacted on the licensee’s fitness to hold a licence and take no further action.