Agenda item

Applicant: LLDD Ltd, represented by Hannah Houghton

Other Person: Stephanie Brown (not present and not represented)

Responsible Authority: Geoff Cannon (Police Licensing Officer)

The Public Protection Officer presented the report. He drew attention to the conditions offered by the applicant detailed in paragraph 5.3 of the report. Members noted that the premises was situated within the Cumulative Impact Area and that representations had been received from an Other Person and from the Police relating to the licensing objectives of the prevention of public nuisance and the prevention of crime and disorder.

Ms Houghton presented the case for the applicant and was questioned by Members.

The Police Licensing Officer complimented the applicant on its engagement with the Police and its responsiveness to recommendations he had made to minimise the risk of any addition by the premises to the cumulative impact of licensed premises in the area.

Ms Houghton summed up.

Following an adjournment the Sub-Committee RESOLVED to grant the application, subject to the mandatory conditions, conditions consistent with the operating schedule and additional conditions which the application had agreed with the Police as detailed below. Authority was delegated to the Public Protection Officer to issue the licence.

Reasons

Members have had to determine an application for a new Premises Licence at 8 Edgar Buildings Bath BA1 2EE. 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 they must only do what is appropriate and proportionate in the promotion of the licensing objectives based on the information put before them. Members noted that each application is considered on its own merits.

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.

The Applicant

The applicant stated the premises currently operate as an independent Deli and would like to sell a selection of Italian Wine, craft beer and liquors. As a result of consultation with the Police and a visit to the area outside of the premises operation a number of conditions were agreed and the times for the sale of alcohol reduced to between 10:00-19:00 hrs every day. With regard to the licensing objectives they believed the conditions, limitation of the hours and absence of a bar would address the public nuisance and crime and disorder objectives. The applicant recognises the responsibility that comes with the licence and is simply offering a taste of Italy.

The Interested Parties

The interested party representation stated the premises was in an residential community and did not feel another drinking establishment would be of benefit but rather would add to crime and disorder and public nuisance in terms of more drunks in the area and disturbed sleep.

Responsible Authorities

The Police stated that with the addition of the conditions and reduction in hours they were content that the premises would operate without having a detrimental effect on the licencing objectives and welcomed the engagement of the applicant in the process.

Members

Members carefully considered the representations made in relation to the application and noted that whilst the premises were in the Cumulative Impact Area the Cumulative Impact Policy related to ‘on trade’ sale of alcohol for consumption on the premises rather than ‘off-trade.’ Members were satisfied that with the application as presented before them this morning the proposed licence would not add significantly to the cumulative impact already being experienced.

Accordingly, members considered that any effect on the licensing objectives would be addressed by the conditions consistent with the proposed operating schedule and those agreed between the parties. Therefore members resolved to approve the application subject to the mandatory conditions, conditions consistent with the operating schedule and the following conditions:

• There will be no bar at the premises at which persons may consume alcohol
• The consumption of alcohol on the premises will be limited to taster samples provided in no more that 125ml containers
• The premises will maintain an incident and refusals register. This will remain at the premises and be made available to an authorised officer of the police or licencing authority on request.
• All spirits on display at the premises will be kept behind the service counter and not available for self-service
• All alcohol supplied for consumption off the premise will be sold in sealed containers.

In terms of licensable activities the sale of alcohol will be permitted as follows:

• 10:00 hrs - 19:00 hrs every day but not Christmas Day

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