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 were none.

The Minutes for the 1^st July 2021 and the 15^th July 2021 were approved as a correct record.

The Chairman explained the procedure to be followed for the meeting.

The Licencing Officer outlined the application to the Sub-Committee. He explained that it was for a new Street Trading pitch to be created near the junction of Ostlings Lane and Bathford Hill, Bathford. The application proposes the sale of hot food and drink from a trailer unit.

The type of stall to be used will be a mobile trailer unit measuring 12ft. in length.

The times applied for are 5pm to 11pm every day.

39 Objections were received. The grounds for the objections are: Public nuisance, litter, detrimental effect on the area and public safety.

One message of support for the application was received.

The Applicant addressed the Sub-Committee regarding their application and an opportunity to question the applicant was given to the Committee and the interested parties present.

Councillor Peter Martin (Bathford Parish Council) as an interested party addressed the Sub-Committee regarding the objections to the application and was questioned by the Sub-Committee and the applicant.

Decision and Reasons

Members had to determine an application to create a Street Trading pitch at Ostlings Lane, Bathford.  In determining the application, the Local Government (Miscellaneous Provisions) Act 1982, Council Policy and Human Rights Act were taken into account.

The applicant Mr Akdeniz states he is applying for a street licence for a pitch for a self-contained 12-foot trailer van to sell kebabs, burgers and chips from a pitch in Ostlings Lane, Bathford.  The proposed operating hours will be as set out in the application.  He will be using battery power not a petrol generator, will remove all waste and grey water.

There were written representations from 39 objectors, who stated they lived in the locality.  Objections can be summarised as:

·   Highway safety issues.  The pitch is close to the busy junction of Bathford Hill and Bradford Road and Ostlings Lane.  Customers would be turning across the A363 to access Ostlings Lane.  There is a history of highway incidents.  Parked cars and queuing customers would further reduce sight lines.  Customers would breach the Highway Code by parking close to the junction.

·   Shortage of parking.  Ostlings Lane is narrow and the area already becomes congested, especially when the Crown Inn is open or a rugby match and with parked camper vans reducing the road to single lane.

·   The need for the business is not demonstrated and it would compete with and take business away from the nearby Crown Inn and Robbie’s place in Batheaston. 

·   The location is on the edge of an Area of Outstanding Natural Beauty and at the entrance to a village with a conservation area and would not be in keeping.

·   Public nuisance fears from litter, disposal of grey water, attracting vermin (this is already an issue with the pub), cooking smells, noise from generator and customers, increased risk of visitors and associated risk of burglary and general impact on a quiet residential area.

·   Better locations nearby.

·   If trailer left in situ, it would not be possible to sweep the street in an  ...  view the full minutes text for item 29.

The Licensing Officer outlined the application to the Sub-Committee. He explained that it was for a new Premises Licence for Wines of Bohemia Ltd, 175 Catherine Way, Batheaston, Bath BA1 7PA.

The application proposes the following licensable activity:

The Sale of Alcohol for consumption off the premises. 05:00 to 23:00 hours.

The application proposes the following opening times: Everyday 05:00 to 23:00 hours

A representation of objection had been received within the statutory period from the Police. They express concern that the applicant’s proposals are likely to undermine the Prevention of Crime and Disorder, Prevention of Public Nuisance and Protection of Children from Harm licensing objectives

The Licensing Officer informed the Committee that he had received apologies from the Applicant regarding attendance at the meeting and the reasons distributed to all the Committee members.

There were no interested parties for this application.

Paul Kendall (Avon & Somerset Police). The responsible Authority representative addressed the Sub-Committee and answered questions from the Sub-Committee, he informed them that he had communicated with the applicant and worked with them to formulate the points raised in his representation and the applicant had agreed to all the suggested points.

Decisions and Reasons

Members had to determine an application for a new Premises Licence by Wines of Bohemia Ltd for 175 Catherine Way, Batheaston.  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 stated this application is for a new premises licence for an existing room within her home, which has its own external entrance.  The application is for the hours 5am to 11pm.  The applicant stated the business is to operate an online mail order business selling wines.  The wines will either be delivered if local or the applicant will use mail delivery service if further away.  The premises will be used as a storage facility.  There will be no sales direct to customers calling at the premises.  There will be a declaration at point of sale as to the age of the purchaser and the delivery driver will be required to check photo ID from the purchaser for proof of age.  The applicant is prepared to be flexible over the hours which they trade.

The Police have objected to the application citing concerns over prevention of crime and disorder, prevention of public nuisance and protection of children from harm.  The Police have not provided in their written presentation any evidence of a history of concerns or of a likelihood of these occurring to support their concerns. 

The Police if the application is granted have requested eleven conditions including CCTV, recordings of  ...  view the full minutes text for item 30.