Agenda and minutes

The Democratic Services Officer drew attention to the Emergency Evacuation 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.

(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 4.4 Appendix 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 Officer or a member of his staff before the meeting to expedite dealing with the item during the meeting.

There were none.

There was none.

The Sub-Committee RESOLVED to approve the minutes of the meeting held on 22^nd February 2024.

The Chair referenced the procedure that would be followed during the course of the meeting.

Those that were present confirmed that they had received and understood the licensing procedure.

Due to a change in officer structure it will be necessary to re-allocate the decision making officer on a Pavement Licence Panel. The Sub-Committee is asked to agree that the Environmental Protection & Licensing Manager be the decision maker for Pavement Licence applications.

The Head of Building Control & Public Protection introduced the report to the Sub-Committee and advised them of the following amended wording with regard to the recommendation that they were being asked to approve.

The Sub-Committee is asked to agree to the Environmental Protection & Licensing Manager, or a Lead Licensing Officer, to be the decision maker for Pavement Licence applications where there are sustained objections to the application.

The Sub-Committee thanked him for the update and RESOLVED to approve the wording as stated above. They also thanked the Head of Building Control & Public Protection for his work for the Council and wished him well for the future.

The Lead Officer (Licensing) introduced the report to the Sub-Committee. He explained that the applicant was seeking the following variations to the existing licence:

• To extend the hours for the sale of alcohol (for consumption off premises) and opening times from 08:00 – 23:00 Monday to Saturday and 08:00 – 22:30 on Sundays to:

0600 – 23:00 every day.

• The removal of restrictions on Christmas Day and Good Friday sale of alcohol and opening hours (in line with the above proposed hours). This is also in reference to outdated Annex 1 (mandatory) conditions attached to the current Premises Licence carried over from the 1964 Justices Act. These no longer apply and mandatory conditions in general have been updated to reflect this.

• Submission of an updated plan of the premises.

He informed the Sub-Committee that no representations had been received from the Responsible Authorities and one objection had been received from a member of the public expressing concern that the applicant’s proposals were likely to undermine the Prevention of Public Nuisance, Licensing Objective.

Chris Mitchener, agent acting on behalf of the applicant addressed the Sub-Committee. He said that he felt that the application itself was benign and that they were seeking to amend the hours in line with other premises within their estate. He added that the objector had not been able to provide any evidence to support his concerns.

He explained that Chelsea Road is a local shopping parade and has signage within the vicinity to indicate as such. He said that the premises has operated with a licence to sell alcohol for many years and that they were not aware of any issues within the area.

Councillor Toby Simon asked if there were premises in the parade operating with on licences?

Chris Mitchener replied that there were at least two restaurants that do and one food take away premises that he believed operated within the same evening hours as those applied for by the Spar.

Councillor Steve Hedges asked if public nuisance was to occur at the premises what would they do to attempt to eliminate or minimise it.

Chris Mitchener replied that staff would ask those deemed responsible to move on or they would contact the Police if they were made aware of any issues.

Decision & Reasons

Members have determined an application for a variation to the Premises Licence at Spar, Chelsea Road, Newbridge, Bath, BA1 3DU. 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.

Chris Mitchener addressed members in oral submissions on behalf of the applicant. He noted that Mr Friend had  ...  view the full minutes text for item 102.