Agenda and draft minutes

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Contact: Mark Durnford  01225 394458

Items
No. Item

54.

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.

55.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

There were none.

56.

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.

57.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

58.

LICENSING PROCEDURE pdf icon PDF 111 KB

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

Additional documents:

Minutes:

The Chair explained the procedure for the meeting and all parties confirmed that they had received it.

59.

REVIEW OF PREMISES LICENCE APPLICATION - The Bird Bath, 18-19 Pulteney Road, Bathwick, Bath BA2 4EZ pdf icon PDF 7 MB

Additional documents:

Minutes:

The Senior Licensing Officer presented the report which was a review of the Premises Licence for The Bird Bath, 18-19 Pulteney Road, Bathwick, Bath.  She outlined the licensable activities and grounds for the review to the Sub-Committee.

 

She reminded the meeting that photos and a statement from the review applicant had been circulated in advance of the meeting, along with a statement from the general manager (designated premises supervisor) who was now Jonathan Walker not Christopher Hardwicke.  All members of the Sub-Committee confirmed receipt of the additional information which would be added to the published agenda.

 

She explained that some of the issues outlined in the review applicant’s statement were a separate regime to licensing.

 

The review applicant Arthur Dyer read out his statement to the Sub-Committee.  He outlined his concerns – noise from people in the hot tub, bar and outside areas, playing of amplified music from 10am to midnight, music played out of hours – all of which had a significant impact on his premises.  He had provided photos and video evidence to the Sub-Committee.  The Legal Adviser reminded Members that the focus of the meeting was the prevention of public nuisance and how licensable activities impact on the licensing objectives. The Sub-Committee first had to determine whether the music was regulated entertainment or incidental and second if it were regulated entertainment whether it was a public nuisance. Issues such as light pollution, boundary and privacy issues, competition, harassment and a smoke-free zone could not be considered as they were not the remit of the Licensing Sub-Committee.  The Licensing Act 2003 was clear on what could and could not be taken into account.  The following questions were raised:

 

·  The review applicant confirmed he had made complaints to planning enforcement and licensing over a few years, initially he had thought the issues would be temporary not permanent;

·  He did not think there had been any change since the new general manager had taken over, there were still people playing music and the manager was seen lighting fires in the outside area (fires could not be taken into account);

·  The review applicant stated he had been advised not to engage with the premises due to serious implications;

·  It was confirmed that speakers were built in and attached to the boundary wall.  Speakers had been moved to the front of the building and he felt they needed removing;

·  There was a direct noise impact on his building due to the music and large numbers of people talking and he could no longer provide a quiet area for his customers;

·  The review applicant said he had provided emails from Environmental Protection regarding noise nuisance however, it was noted that no representations had been received from the responsible authorities;

·  He confirmed the venue was advertised as a party venue not a music venue and he had provided evidence;

·  The Senior Licensing Officer explained the licensed area outlined in Annex C.

 

The other review applicant Reverend Neil Cocking joined the meeting.  He  ...  view the full minutes text for item 59.