Agenda item

 Applicant: That’s What She Said Limited, represented by David Holley (Licensing Agent) and Louis Lewis Smith

Responsible Authority: Avon and Somerset Police, represented by Geoff Cannon (Police Licensing Officer)

The parties confirmed that they had received and understood the licensing procedure.

The Senior Public Protection Officer summarised the report. She reported that the Police had made a representation relating to the licensing objective of the prevention of crime and disorder and had proposed additional conditions to further this objective.

Mr Holley stated the case for the applicant. He said the additional hours were being sought so that the premises could operate as a cocktail bar. He noted that the Police had not objected to the principle of the variation and said that the applicant had no objection to the conditions proposed by the Police. Mr Smith said that he had lived in Bath for twenty years and thought there were no premises offering what he wished to offer to customers. Free water would be available to customers at all times. He did not intend the premises to become a nightclub; he wanted to provide a calm and grown-up ambience in which business could be done over a relaxing drink. He was already doing the things required by the additional conditions proposed by the Police. They were the kind of things that suited the type of premises he wished the Dark Horse to be, and had no objection to their being made conditions.

The Senior Public Protection Officer drew attention to the new condition offered by the applicant that “all outside areas will be cleared of patrons by 23:00 each day” and pointed out that no outside areas were shown on the plan of the premises. Mr Smith confirmed that the premises had no outside areas and agreed that this proposed condition could be removed.

Mr Cannon presented the case for the Police. He said that Kingsmead Square is a particularly busy area of the city at night. It is situated on a route used by many late-night revellers. There is a takeaway nearby, which is likely to attract custom from patrons of the Dark Horse leaving the premises late at night. He believed that the application as originally submitted lacked clarity. He had had a serious conversation with Mr Smith, who had agreed to the conditions proposed by the Police. The lack of clarity in the application that he was concerned about included failure to specify the quality of the CCTV and the length of time that recordings would be retained. He would be concerned if food were not available when drink was being sold. Mr Smith had agreed that the original condition about the provision of hot food, which he had proposed to delete entirely, should be replaced with the condition proposed by the Police requiring light menu-based meals being available. Since the premises would be operating as a cocktail bar, the Police had proposed that the Challenge 21 condition  attached to the current licence should be replaced by a Challenge 25 condition. They had also proposed a condition requiring SIA-registered security staff to be on duty at the entrance to the premises on Thursdays, Fridays and Saturdays from 19:00 until closing. He said that the premises were well run and that the Police would have no further concerns about them at the present time if the conditions they had proposed were attached to the licence.

Members asked about the Challenge 25 condition. Was this intended to be a deterrent? Could the applicant refuse admittance to people under the age of 25? Mr Cannon said any one over the age of 18 would still be able to enter and drink at the premises, but the Challenge 25 condition would indicate that premises did not particularly wish to cater for those under 25.

There were no questions from the applicant.

The Senior Public Protection Officer pointed out that the specification of acceptable forms of identity in one of the proposed Police conditions was otiose, as there were legal requirements about acceptable forms of identity.

The parties were invited to sum up. Mr Cannon said that the Police believed better specified conditions were required for premises situated in the Cumulative Impact Area. Mr Holley said that the applicant would accept everything proposed by the Police.

Following an adjournment the Sub-Committee RESOLVED to grant the variation with modifications as detailed below.

Decision and reasons

Members have today determined an application to vary a premises licence at The Dark Horse, 7a Kingsmead Square, Bath. In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy and the Human Rights Act 1998.

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 based on the information put before them. In this case, however, Members noted the premises are situated in the Cumulative Impact Area. As the Council has a Cumulative Impact Policy in relation to the sale of alcohol for consumption on the premises, which applies to variation applications, a rebuttable presumption is raised that such applications should be refused unless the applicant demonstrates that the application promotes the licensing objectives and would be unlikely to add significantly to the cumulative impact being experienced. 

Members were careful to take account of the relevant written and oral representations made and were careful to balance their competing interests. Members were however careful to disregard irrelevant matters.

Applicant

The application was for a variation to the premises licence in respect of the sale of alcohol, provision of late night refreshment, to extend the opening hours and to remove a condition from the existing licence.

The applicant through his agent Mr Holley, noted that the police have not objected to the principle of the licensing application but there are certain things that the police would like to see to strengthen it. The applicant had no objection at all to the additional matters proposed by the police which simply anchor on to what already exists by way of condition.

Mr Smith as applicant said the purpose of the Dark Horse is to offer a very calm and grown up experience and that he welcomes all of the suggested conditions from the police which suit the kind of establishment that the Dark Horse is.

Responsible Authorities

The Avon and Somerset Constabulary have objected to the variation application on the basis of the prevention of crime and disorder licensing objective however, they have said that they do not object to the variation sought per se, they simply take the view that more clear and detailed conditions are needed in order to promote the licensing objective.

Geoff Cannon Police Licensing Officer, informed the LSC that having entered into a dialogue with the Applicant, they had reached agreement on suitable licensing conditions which the Committee is asked to consider. Mr Cannon acknowledged the premises are well run and with these conditions in place the police would have no further concerns.

Members

Members noted that there had been no representations from other parties.

Members found that the applicant had satisfied them that granting the variation would not contribute significantly to the cumulative impact already experienced.

Accordingly members resolved to grant the application subject to:

1. conditions consistent with the operating schedule save for one deletion as set out below and agreed to by the applicant, and
2. the mandatory conditions; and
3. the conditions set out below agreed to by the Applicant in consultation with the police, subject to a small modification to remove duplication with a mandatory condition on the acceptable forms of ID, as members felt these conditions were appropriate and proportionate to deal with the objective of the prevention of crime and disorder:

Deletion from M(d) of application

“All outside areas will be cleared of patrons by 2300 on each day”

Conditions agreed to and approved by LSC

• A digital CCTV system will be fitted and maintained at the premises in consultation with the Police. The images will be of evidential quality, time and date marked and will be kept for a minimum of 31 days. Images from this system will be made available to the Police on request.
• Light menu-based meals will be made available at all times during the opening hours of the premises.
• A Challenge 25 proof of age scheme shall be adopted, implemented and advertised at the premises.
• There will be at least one SIA registered member of door staff on duty at the entrance to the premises on Thursday, Friday and Saturday nights from 19:00 until closing.

Authority was delegated to the Senior Public Protection Officer to issue the licence.