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.

The Chair explained that she had previously carried out some casework for David & Jeanette Carr a number of years ago when she was a councillor in their area, but stressed that she did not consider this precluded her sitting on the panel and that she had not had any prior conversations with them regarding the application before the Sub-Committee today.

The Chair also informed those present that she had been copied in on an email from Councillor Sue Craig regarding The Provenist, querying Planning matters and making some observations in relation to the licensing application. She added that she had only acknowledged receipt of the email and had not discussed the application with Councillor Craig and had disregarded any observations made as Councillor Craig had not made a valid representation in relation to the application. The Chair indicated that she had an open mind in relation to the application and would not make her mind up until she had considered the report, all relevant factors contained within it and heard all points of view at the hearing.

There was none.

These were approved as a correct record.

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 outlined the application from Provenist Limited to the Sub-Committee. She explained that it was to vary an existing premises licence to add the sale of alcohol for consumption off the premises between the hours of 08:00 – 21:45 every day.

She stated that Provenist was a licensed café within Neptune, a furniture and kitchen retail establishment.

She informed the Sub-Committee that eight representations of objection had been received from interested parties within the statutory period.

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

Ed Taylor, Head of Operations for Neptune stated the case for the applicant and was questioned by Members and the interested parties present.

Dr Jennifer Sleep, Mrs Valerie Lockley and David & Jeanette Carr 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 to vary the Premises Licence for Provenist, The Tramshed, Beehive Yard, Bath, BA1 5BB. 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 the proper approach under the Licensing Act is to be reluctant to regulate in the absence of evidence and they must only do what is appropriate and proportionate on the information before them.

The Applicant

Ed Taylor Head of Operations at Neptune indicated that the purpose of the application is to try and get more covers for the business to enable them to continue to trade with social distancing measures and government guidelines in place. He explained to members that the terrace is used currently as a show area for garden furniture from Neptune and it is intended with the licence that customers will be able to have lunch or breakfast with a glass of wine or half a pint of beer. The premises do not anticipate greater footfall if the licence is granted; will work with residents regarding concerns over access and have a meeting with residents scheduled next week to discuss issues arising.

Mr Taylor indicated to Members that the premises do not run alcohol promotions; they are not a pub or bar and there will be no sale of spirits. Mr Taylor indicated that the reason for off sales being sought to 9:45pm was to enable events to take place however, he would be agreeable to reducing the hours for off sales of alcohol to 6:00pm if that is helpful to residents.

Responsible Authorities

There were no representations received from Responsible Authorities.

Interested Parties

There have been eight representations from residents living in the vicinity of the premises objecting to consumption of alcohol within the external seating area on the basis that this will undermine the prevention of public nuisance and public safety licensing objectives.

Objectors expressed concerns regarding safety and access issues for residents – particularly disabled people - in relation to the external seating area. They indicated that  ...  view the full minutes text for item 14.