Agenda item

The Licensing Officer outlined the application to the Sub-Committee. He explained that it was for a new Premises Licence for Wines of Bohemia Ltd, 175 Catherine Way, Batheaston, Bath BA1 7PA.

The application proposes the following licensable activity:

The Sale of Alcohol for consumption off the premises. 05:00 to 23:00 hours.

The application proposes the following opening times: Everyday 05:00 to 23:00 hours

A representation of objection had been received within the statutory period from the Police. They express concern that the applicant’s proposals are likely to undermine the Prevention of Crime and Disorder, Prevention of Public Nuisance and Protection of Children from Harm licensing objectives

The Licensing Officer informed the Committee that he had received apologies from the Applicant regarding attendance at the meeting and the reasons distributed to all the Committee members.

There were no interested parties for this application.

Paul Kendall (Avon & Somerset Police). The responsible Authority representative addressed the Sub-Committee and answered questions from the Sub-Committee, he informed them that he had communicated with the applicant and worked with them to formulate the points raised in his representation and the applicant had agreed to all the suggested points.

Decisions and Reasons

Members had to determine an application for a new Premises Licence by Wines of Bohemia Ltd for 175 Catherine Way, Batheaston.  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 stated this application is for a new premises licence for an existing room within her home, which has its own external entrance.  The application is for the hours 5am to 11pm.  The applicant stated the business is to operate an online mail order business selling wines.  The wines will either be delivered if local or the applicant will use mail delivery service if further away.  The premises will be used as a storage facility.  There will be no sales direct to customers calling at the premises.  There will be a declaration at point of sale as to the age of the purchaser and the delivery driver will be required to check photo ID from the purchaser for proof of age.  The applicant is prepared to be flexible over the hours which they trade.

The Police have objected to the application citing concerns over prevention of crime and disorder, prevention of public nuisance and protection of children from harm.  The Police have not provided in their written presentation any evidence of a history of concerns or of a likelihood of these occurring to support their concerns. 

The Police if the application is granted have requested eleven conditions including CCTV, recordings of which are to be made available to the Police on request. 

The applicant has agreed to these conditions. 

There are no other objections or representations from statutory or responsible authorities.

In determining this application, the Committee reminded itself, this is a Licensing Act 2003 matter. Matters to consider are:

a) the prevention of crime and disorder

b) public safety

c) the prevention of public nuisance; and

d) the protection of children from harm

The licence can be granted with or without additional conditions.

The Committee reminded itself that when considering the application and any conditions it must do so acting on the evidence.

The Committee also noted the advice from the ICO on the subject of CCTV and licensed premises.

ICO view on CCTV and alcohol licenses

“If there has been no history of crime or antisocial behaviour associated with your premises and no likelihood of future trouble, it is difficult to see how the installation of CCTV can be justified as a licensing condition to prevent crime or antisocial behaviour. …”

The ICO view where licensing condition provides for CCTV images to be provided to the local police “on request” is that this wording “does not fit in with the provisions of the Data Protection Act 1998 (GDPR) which requires a prejudice test.”

Accordingly, as Members had not been presented with any evidence upon which to base a reasonable belief that these premises would have a detrimental impact on the licencing objectives, or grounds to depart from Policy and or Guidance, the application is granted as applied for with the following conditions:

1.  Not to start trading before 7am.

2.  Sales to be in sealed containers

4.  Staff training on underage sales to be to the standard requested by the Police.

5.  All delivery drivers must be over 18.

6.  Delivery drivers to require photo ID of age on delivery.

7.  Deliveries only to a fixed postal address

8.  Each delivery must be accompanied by an accompanying bill, except for returns.

The Members noted the intention of the applicant to install CCTV but are not imposing a condition for the provision of CCTV or the supply of images to the Police on request.  Any Police request for images will have to follow the appropriate application process.

Whilst noting the interest of the Police in ensuring that the licensing objectives are maintained, the Sub-Committee considered it was not appropriate or proportionate to impose any other conditions.

Authority is therefore delegated to the licensing officer to issue the licence with the additional conditions set out above.