Agenda item

Applicant: T4051 Limited, represented by Hannah Mannion (Thrings Solicitors) and Andy Bush (National Operations Manager)

Other parties in attendance: Geoff Cannon (Police Licensing Officer), Mel Argles (B&NES Deputy Head of Safeguarding & Quality Assurance – Children and Young People) and Tracey Curzons (Early Years Advisory Teacher)

The parties confirmed that they understood the procedure to be followed for the hearing.

The Senior Public Protection Officer presented the report. A representation had been received from B&NES Safeguarding stating that the admission with parents of toddlers up to 24 months old to films with a 15 or 18 certificate was likely to have an adverse effect on the licensing objective of the protection of children from harm and requesting that this element of the application be refused and that the recommendations of British Board of Film Classification be upheld when classified films are screened. A representation had been received from the Police relating to all four licensing objectives. The Police had proposed a number of amendments to the Operating Schedule, to which the applicant had agreed in writing. The Sub-Committee noted that the premises are located in the Cumulative Impact Area. The Sub-Committee was invited to determine the application.

Ms Mannion stated the applicant’s case. She referred to correspondence between the applicant and the Police on agenda pages 53-54 in which the applicant confirmed acceptance of the amendments to the Operating Schedule proposed by the Police, including the removal of all conditions relating to “Parent and Baby Screenings”.

The Chair asked whether the condition in the Operating Schedule that “no open containers of alcohol to leave the premises” was necessary, since no containers of alcohol open or closed could leave the premises, as supply off the premises had not been applied for. Ms Mannion said she would need to consult her clients about this.

In response to a question from a Member Mr Bush stated that the applicant was fully aware that the premises was situated in a residential area and would expect customers to leave quietly. He confirmed that the applicant was no longer seeking the conditions in the Operating Schedule that “the lights must be left on at low level through the screening” and that “no open containers of alcohol to leave the premises”, as all proposals relating to parent and baby screenings had been withdrawn and the supply of alcohol off premises had not been not applied for.

Geoff Cannon, Police Licensing Officer, stated the case for the Police. He said that he had agreed amendments to the Operating Schedule. He was happy with all the other conditions they had proposed. Responding to a Member he said that the amended conditions fully addressed his concerns about the potential impact of the premises on the licensing objectives in the Cumulative Impact Area. His initial concern was that premises might be a bar with a cinema, but was now satisfied that it would be a cinema with a bar.

Mel Argles stated the case on behalf of Safeguarding. She said that her concerns had been addressed by the removal of that part of the application relating to parent and baby screenings.

Tracey Curzons. She said that she had been invited to attend as a witness for Ms Argles. She said that her concerns had been addressed by the removal of that part of the application relating to parent and baby screenings.

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

Decision and reasons

Members have had to determine an application for a new Premises Licence for Tivoli, 6-8 Dorchester Street, Southgate Centre, Bath, BA1 1SS. 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

Hannah Mannion addressed members as the legal representative for the applicant.

She indicated that the application is for a boutique 5 screen cinema in the Southgate Shopping Centre.

Ms Mannion confirmed verbally the matters that the applicant has agreed with the police in writing at Annex D page 53 of the report to the Licensing Sub Committee (“LSC”).

Mr Bush, National Operations Manager for the applicant confirmed verbally that the applicant does not pursue the condition on the Operating Schedule which was set out at section M box e of the application, namely, that “the lights must be left on at low level through the screening” as all proposals in section M box e of the application regarding parent and baby screenings were no longer being pursued. Mr Bush confirmed also that the proposed condition at section M box (d) of the application, namely, “No open containers of alcohol to leave the premises” was not being pursued as supply of alcohol off premises was not applied for.

Responsible Authorities

There had been a representation from the police that the licence sought would undermine all four licensing objectives. The representation cited concerns that the proposal to host parent and baby screenings of films classified 15 and 18 and the proposal to sell alcohol on Thursday, Friday and Saturday until 03:00 the following morning, shall undermine all four licensing objectives and, in respect of sale of alcohol, add to the cumulative impact. The Police Licensing Officer Geoff Cannon indicated in writing and confirmed verbally before the Committee, that the applicant had agreed to their proposed amendments to the Operating Schedule (set out at Annex D of report to LSC) and that the applicant understands their responsibilities and had willingly engaged with them in the process.

Mr Cannon indicated when questioned that in his view the measures proposed addressed any cumulative impact, particularly now he better understood the nature of the premises.

There had been a representation in writing from Bath and North East Somerset Council’s Safeguarding Team expressing grave concern regarding the applicant’s proposal to permit parents with toddlers up to 24 months old admission to films with a 15 or 18 certificate. Their representation contended that these proposals were extremely likely to undermine the protection of children from harm licensing objective and submitted that the British Board of Film Classification be adhered to. Concerns related to the emotional and physical wellbeing were expressed about the proposed condition that children up to the age of 24 months be restrained on the lap of the parent or guardian for the duration of the proposed screening. Mel Argles Deputy Head of Safeguarding and Quality Assurance, Children and Young People attended however she indicated that having heard what had been agreed between the parties her concerns had been addressed.

Tracey Curzons Early Years Advisory Teacher attended as a witness for the Safeguarding Team and indicated that having heard what had been agreed, that addressed her concerns also.

The applicant confirmed both in writing prior to the meeting and verbally before Members that it is no longer pursuing the parent and baby screenings at section M box e of the application that the Safeguarding Team had raised concerns about.

Members

In reaching their decision Members noted that in relation to paragraph 9.42 of the Statutory Guidance their determination should be evidence-based, justified as being appropriate for the promotion of the licensing objectives and proportionate to what is intended to be achieved.

Members carefully considered the representations made on behalf of the Responsible Authorities and the Applicant.

Members noted specifically that the Cumulative Impact Policy relates to the ‘on trade’ sale of alcohol for consumption on the premises. Members were satisfied that the applicant had demonstrated, taking into account all the relevant circumstances including the style and characteristics of the proposed premises together with conditions on the operating schedule, amendments to the operating schedule and additional conditions that the proposed licence would not add to the cumulative impact being experienced.

Members considered that any effect of the proposed licence on the licensing objectives would be addressed by the conditions consistent with the proposed operating schedule (as amended), and proposed conditions put forward by the police and agreed to by the applicant (as set out below), all of which Members found to be appropriate and proportionate.

Proposals and conditions no longer pursued to be removed from operating schedule

(from section M box e of operating schedule)

• Parents or guardians of children under the age of 24 months shall be permitted to bring their babies to films at screenings shown exclusively for that audience and the age verification restriction shall not apply to babies at those screenings;
• Prior to admittance, staff shall check the date of birth for each baby to be admitted to ensure they are under 24 months;
• No one shall be admitted to parent and baby screenings unless accompanied by a baby;
• Babies must be held on the laps of the parent or guardian throughout the screening;
• The lights must be left on at low level throughout the screening

(to be removed from Section M box d of operating schedule)

• No open containers of alcohol to leave the premises.

Changes to proposals and conditions/amendments to the Operating Schedule

• To reduce the terminal hour proposed for the Sale of Alcohol on Thursday, Friday and Saturday to 01:00 hours the following morning save for in relation to New Year’s Eve and New Year’s Day the Non-Standard Timing is to remain as applied for.
• To remove the measure relating to CCTV offered by the applicant at section M box b of the application and agreed to the proposed condition suggested by the police as follows:

“CCTV cameras shall be installed, to the satisfaction of the Police and ICO guidelines and will be maintained in full working order when the premises are open to the public. Recorded images will be of evidential quality. Recordings shall be kept for a minimum of 28 days and made available to the Police and Licensing Authority (in accordance with Data Protection legislation). Signs will be displayed that CCTV is recording.”

Accordingly, members resolved to approve the application subject to the mandatory conditions and conditions consistent with the operating schedule, subject to the amendments and additions indicated above.

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