Agenda item

The Senior Licensing Officer outlined the application to the Sub-Committee. She explained that it was for a new Premises Licence for Kettlesmith Brewing Company Limited in respect of 15 New Bond Street, Bath, BA1 1BA.

She informed the Sub-Committee that a representation of objection was received within the statutory period from Fire Safety Officer John Brown on behalf of Avon Fire & Rescue Service. The objection relates to the Public Safety licensing objective.

She stated that in response to the representation the applicant had submitted revised floor plans and site plan. She said that additional information in respect of the proposed use of the premises had been provided by the applicant and that measures had been agreed with Avon Fire & Rescue Service to mitigate their original concerns.

The proposals are as follows:

1.  That the revised plan replaces the original plan submitted

2.   That the following additional conditions are added to the Premises Licence:

·  There will be no public access to the first, second or third floors

·  There will be no sale of alcohol for consumption on the premises

·  There shall be no café within the premises

3.  That all reference made to a café within the application be removed, by removing the following measures offered within the operating schedule of the application:

·  Alcohol sold inside the café will be only to customers who are seated; and

·  Supervising and guiding visitors to the shop and café, at all times.

Evan Metz stated the case for the applicant and was questioned by Members. He explained that the premises were to be used as a licensed pop up shop, a project consisting of local artisan producers of wine, gin and cider. He said that the shop would seek to replace the option of having a stall in the regular Christmas Market that is usually held in Bath.

He stated that public access will only be to the ground floor of the premises and that goods would be stored within the basement area.

Decision and reasons

Members have had to determine an application for a new Premises Licence at 15 New Bond Street, 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 on the information before them. Members reminded themselves that each application must be considered on its own merits.

The Applicant

Mr Metz addressed members on behalf of applicant. He indicated to members that they sought to licence the venue as part of a temporary pop-up shop which consists of a collection of local artisan producers who have come together to run a shop during November and December. He noted that they are required to have a licence to sell alcohol being a brewery but have others selling wine, gin and beer. He explained that they sought to licence the entire building for sale of alcohol with the idea being always to do off sales not on sales.

Mr Metz confirmed to Members that they propose to sell alcohol from ground floor only but will store alcohol in basement. There will be no public access to the upper floors of the building and the sale of alcohol is only for consumption off premises mostly selling gift items and gift packs. He indicated that there was no intention to do a café or any selling of alcohol for consumption on the premises.

Mr Metz confirmed that the applicant agrees to the measures as agreed in writing with the fire service at Annex F to the report.

Responsible Authority

John Brown Fire Safety Officer on behalf of the Avon Fire & Rescue Service had made a representation objecting to the application on the basis of the Public Safety licensing objective. He did not appear before the LSC but members had a copy of his written representation and were able to review the constructive dialogue that had taken place between him and the Applicant. Members noted that in response to the representations, the Applicant had submitted revised floors plans and site plan, as well as additional information and measures in relation to the proposed use of the premises, to further promote the Public Safety licensing objective.

Members further noted that measures had been offered by the applicant and agreed to by the Avon Fire & Rescue Service to mitigate the Responsible Authority’s original concerns.

Members were pleased to note the productive dialogue that had taken place between the Applicant and Responsible Authority. Members reminded themselves however that they must be satisfied that the measures offered were appropriate and proportionate in the promotion of the Public Safety licensing objective; Members were so satisfied.

Consequently, Members grant the application as applied for subject to the substitute plans, with the additional conditions offered by the applicant and with the amendments to the operating schedule to remove reference to the café. 

Authority is therefore delegated to the licensing officer to issue the licence with plan substitutions detailed below, conditions consistent with the operating schedule save for the changes indicated below and the additional conditions as follows:

• The revised plan at Annex D of the report replaces the original plan submitted and will be attached to the premises licence.
• There will be no public access to the first, second or third floors of the premises
• There will be no sale of alcohol for consumption on the premises
• There shall be no café within the premises.
•  

All measures offered within the operating schedule that relate to a café to be removed namely:

• Alcohol sold inside the café will only be to customers who are seated; and
• Supervising and guiding visitors to the shop and café, at all times.