Agenda and minutes

The Democratic Services Officer advised the meeting of the procedure.

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.

There were none.

There was none.

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

The Public Protection Officer (Licensing) presented the report to the Sub-Committee. He explained that an application has been made under s.17 Licensing Act 2003 by Book My Table Limited for Flute, Ground Floor and Basement, 9 Edgar Buildings, Bath. He advised that the premises is located within the BANES Cumulative Impact Area and the Cumulative Impact Policy is relevant to this application.

He stated that relevant representations have been received within the statutory period.

He informed the Sub-Committee that the application proposes the following licensable activities:

Live Music indoors 08:00hrs to 02:00hrs every day.

Recorded Music indoors 08:00hrs to 02:00hrs every day.

Late Night Refreshment indoors 23:00hrs to 02:00hrs every day.

Supply of Alcohol for consumption on and off the premises 08:00hrs to

02:00hrs every day.

Non – Standard timings: from normal opening time on New Year’s Eve to opening time the following day for all licensable activities above.

Piers Warne, solicitor for the applicant, addressed the Sub-Committee and explained that revisions had been made to the application and that these had been shared with the interested parties.

He also advised that discussions have taken place with the interested parties as part of the application process in the lead up to this meeting.

He was questioned by the Members and the interested parties present regarding the application and these are summarised within the decision.

Georgia Nixon, one of the interested parties, addressed the Sub-Committee and said that despite the proposed reduction in licensing hours they still had concerns. She added that they also remain worried about noise emanating from the premises when music is played.

She was questioned by Members regarding these concerns and these are summarised within the decision.

Decision and Reasons

Members have determined an application for a new Premises Licence at Flute, ground floor and basement, 9 Edgar Buildings, Bath. In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy which includes the Cumulative Impact 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 proposed premises falls within BANES’ Cumulative Impact Area which means that pursuant to the Council’s policy, where it considers the application promotes the licensing objectives and would be unlikely to add to the cumulative impact, the Licensing Authority will grant the application.

Piers Warne, solicitor for the applicant addressed members and indicated that the application had been amended pursuant to the updated operating schedule attached to these minutes, and changes had been indicated in bold.

Mr Warne addressed Members in relation to the representations of objection and noted that they fell into three categories, namely (1) noise from inside the building; (2) noise from dispersal; and (3) cumulative impact. In  ...  view the full minutes text for item 22.