Agenda item

 Applicant: Neil Glasspool (Managing Director)

Responsible Authority: Sara Chiffers (Senior Environmental Health Officer)(H&S))

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

The Senior Public Protection Officer presented the report. The applicant was seeking to vary hours and remove non-standard timings, add conditions agreed with the Police and revise the plan of the ground floor. In addition the variation sought to remove the Annex 2 condition:

No sale of alcohol is to take place in the spa area, or the champagne area. All drinks for the champagne bar to be purchased from the exiting hotel bar.

Environmental Health had made a representation objecting to the removal of this condition. No other representations had been received.

Mr Glasspool stated his case. He said that Homewood was part of the Kaleidoscope Collection, which owned three hotels in Bath, Homewood, 15 Great Pulteney and The Bird. Kaleidoscope had purchased Homewood from Longleat Enterprises in August 2018. Homewood had been very run down and required major investment. As part of that investment guest facilities were being improved including the Spa. There was a champagne bar in the spa, which he did not agree with. He felt that guests should usually go to the main bar to purchase drinks so that management could maintain control over the consumption of alcohol. He wanted to put a pop-up snack bar adjacent to the outside pool area to sell tea and coffee, snacks, soft drinks, wine and beer, but no spirits or fortified wine. Guests would be served in the existing patio area, where they can sit and drink already around the pool area. The snack bar would operate only in high season between May and September from 2pm to 6pm for guests and staff members. The applicant would wish to deter people from drinking excessively in the spa area. Guest safety is a primary concern. People can already purchase drinks from the main bar to take to the patio. The area will be staffed, giving management greater control over the consumption of alcohol by guests. The amount that guests can purchase from the pop-up bar during its four hours of opening will be controlled. The aim of the pop-up bar is not to make money, but to enhance the experience of guests by providing an additional service, and to allow the supervision of what goes on around the pool area. The champagne bar will be removed.

Ms Chiffers stated her case. She said that she had objected to the removal of the condition because of the well-documented risks of drinking alcohol before the use of spa facilities. How will management judge whether a guest has consumed too much from the pop-up bar? Having a bar near the spa facilities may encourage guests to indulge in unsafe behaviour.

Responding to questions from Members Mr Glasspool said:

·  Staff serving from the pop-up bar would be skilled bar staff who would be able to decide from experience whether a customer had drunk too much.

·  The pop-up bar would serve only wine and beer, but under the licence customers could buy spirits from the main bar and bring them to the pool area. The pop-up bar would limit the amount and types of drink immediately available to guests and would be open only for limited hours.

·  There was CCTV monitoring on the premises.

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

Decision and reasons

Members have determined an application to vary a Premises Licence for Homewood Park Hotel & Spa, Hinton Charterhouse, 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 based on information put before them. Members noted that an application must be considered on its merits.

The Applicant

The applicant stated the company operate a number of venues in the district and have invested and refurbished these premises which included the spa area. The application was designed to provide the flexibility to operate a pop up shack adjacent to the pool where guests can buy soft drinks, beer, wine and snacks during peak times in the summer months. Moreover, guests entering the spa area must sign in and that any sale of alcohol within the spa would be through  trained bar staff.

Responsible Authority

The objector stated the consumption of alcohol prior to spa treatments etc. causes dehydration, heat exhaustion and is ultimately a safety risk. Further, it would be a difficult judgement for spa staff to make whether people were intoxicated and a bar in direct view of the spa would have the effect of encouraging unsafe behaviours.

Members

Members noted that the Licensing Act 2003 is a permissive regime intended to minimise the regulatory burden. In terms of representations, Members noted the written and oral representations and were careful to balance their competing interests.

Members reminded themselves that consumption is not regulated activity and guests are able to consume their own or purchase and consume alcohol from other areas before attending the spa. Further, as guests entering the spa would sign into the spa and any sale of alcohol therein subject to the normal controls these are additional safeguards for guests. Accordingly, members grant the application as applied for with conditions consistent with the operating schedule, mandatory conditions and delegate authority to the Licensing Officer to issue the licence.