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 Steve Hedges informed the Sub-Committee that regarding agenda item 9, the driver concerned had sent him a friend request via Facebook which he did not accept and deleted.

The driver replied that he had done this by mistake.

There was none.

The Sub-Committee approved the minutes of 29^th October 2020 and 12^th November 2020 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 to the Sub-Committee. She explained that it was for a new Premises Licence for Kettlesmith Brewing Company Limited in respect of 15 New Bond Street, Bath, BA1 1BA.

She informed the Sub-Committee that a representation of objection was received within the statutory period from Fire Safety Officer John Brown on behalf of Avon Fire & Rescue Service. The objection relates to the Public Safety licensing objective.

She stated that in response to the representation the applicant had submitted revised floor plans and site plan. She said that additional information in respect of the proposed use of the premises had been provided by the applicant and that measures had been agreed with Avon Fire & Rescue Service to mitigate their original concerns.

The proposals are as follows:

1.  That the revised plan replaces the original plan submitted

2.   That the following additional conditions are added to the Premises Licence:

·  There will be no public access to the first, second or third floors

·  There will be no sale of alcohol for consumption on the premises

·  There shall be no café within the premises

3.  That all reference made to a café within the application be removed, by removing the following measures offered within the operating schedule of the application:

·  Alcohol sold inside the café will be only to customers who are seated; and

·  Supervising and guiding visitors to the shop and café, at all times.

Evan Metz stated the case for the applicant and was questioned by Members. He explained that the premises were to be used as a licensed pop up shop, a project consisting of local artisan producers of wine, gin and cider. He said that the shop would seek to replace the option of having a stall in the regular Christmas Market that is usually held in Bath.

He stated that public access will only be to the ground floor of the premises and that goods would be stored within the basement area.

Decision and reasons

Members have had to determine an application for a new Premises Licence at 15 New Bond Street, Bath. 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

Mr Metz addressed members on behalf of applicant. He indicated to members that they sought to licence the venue as part of a temporary pop-up shop which consists of a collection of local artisan producers who have come together to run a shop during November and December. He noted that they are required to have a licence to sell alcohol being a brewery but have others selling wine,  ...  view the full minutes text for item 51.

The Committee is asked to consider passing the following resolution:

“the 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 operator before them remains fit and proper to hold a Private Hire Operators Licence issued by this authority.

He stated that the Sub-Committee is asked to consider the matter, determine the issue and take any action it may consider suitable after hearing any representation from the operator or any representative acting on their behalf.

He said that the Sub-Committee is asked to consider the revocation of the operator’s combined Hackney Carriage/Private Hire Drivers Licence by the Council’s Licensing Sub-Committee and to consider the impact of the resolution on the operators continued status as a fit and proper Operator of Private Hire vehicles in the area of this Authority.

He informed them that the operator currently holds a Private Hire Operators Licence issued by this authority with an expiry date of 31st October 2021 and records indicate that the operator was originally licensed as a Private Hire Operator on 20th November 1998.

He explained that the operator appeared before the Council’s Licensing Sub-Committee on the 29^th October 2020 in relation to his Combined Hackney Carriage/Private Hire Driver’s Licence after the Council received complaints alleging inappropriate contact with females and comments of a racist nature made to passengers.

He added that the Licensing Sub-Committee also considered two breaches of licensing conditions which were recorded on the drivers’ file. The Sub-Committee considered representation from two complainants who attended the meeting and representation made by the driver in response to the complaints.

He stated that the Licensing Sub-Committee resolved to revoke the driver’s combined Hackney Carriage/Private Hire Drivers Licence.

The operator addressed the Sub-Committee. He asked why the matters referred to on 29^th October 2020 were being discussed again and whether any complaints had been received specifically regarding his Operator’s Licence.

The Chair replied that the revocation of his Combined Hackney Carriage/Private Hire Driver’s Licence had triggered the review of his Private Hire Operators Licence.

The operator asked if the Sub-Committee had received the three character references he had submitted.

The Chair replied that they had been received and read by the Sub-Committee.

The operator stated that he had held his licence for many years and that the complaints he had received were whilst he had been a driver for Uber. He said that he had bookings in place for Christmas Day and that he had kept his car clean during the ongoing pandemic.

He added that he operates a school run and that the parents concerned are happy with him as an operator.

The Lead Licensing Officer asked if the incident from July 2016 occurred from a booking made directly under his Operators Licence. He added that in this incident he had used the contact details of a prospective female passenger to contact her via Facebook Messenger and her mobile telephone. He said that when she said she did not think this was a good idea and stopped responding  ...  view the full minutes text for item 53.