Agenda item

The Public Protection Officer (Licensing) presented the report to the Sub-Committee. He explained that an application had been received from Bath Preservation Trust for a new Premises Licence for The Building of Bath Museum, Countess of Huntingdon Chapel, Walcot, Bath.

The application proposed the following licensable activities:

The sale of alcohol on and off premises: Monday to Saturday 09:00 to 23:00 and Sunday 10:00 to 17:30

Performance of Dance (indoors and outdoors): Monday to Saturday 09:00 to 23:00 and Sundays 10:00 to 17:30

Exhibition of Film (indoors): Monday to Saturday 09:00 to 23:00 and Sundays

10:00 to 17:30

Performance of Live Music (indoors and outdoors): Monday to Saturday 09:00 to 23:00 and Sundays 10:00 to 17:30

Performance of Recorded Music (indoors and outdoors): Monday to Saturday 09:00 to 23:00 and Sundays 10:00 to 17:30

Performance of a Play: (outdoors): Monday to Saturday 09:00 to 23:00

and Sundays 10:00 to 17:30

The application proposed the following opening times: Monday to Saturday 09:00 to 23:00 and Sundays 10:00 to 17:30

Decision and Reasons

Members have determined an application for a new Premises Licence at The Building of Bath Museum in Bath from Bath Preservation Trust. 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

The applicant stated that the Bath Preservation Trust owned the premises since 1984 and take its position as part of the community very seriously and want to ensure that it does not contribute to any problems that exist from other premises on that street. They are committed to not be a part of the problem and keen to make sure they are honourable as part of the community and take into account residents’ concerns.

The applicant acknowledged the noise made by the staff gate and whilst the premises is listed, he said he was very happy to explore putting in some sort of rubberised buffer and would talk to staff and tenants to make sure they are considerate.

On questioning from the Chair, the applicant was asked how much the outside space is part of what they propose to do. The applicant indicated that the outside space was included as part of the premises in the application as it is within curtilage but he indicated that he is happy to remove the outside courtyard space from consideration in the licensing application.

Other Persons

There were written representations from three residents, one of which is Chairman of the Vineyards Residents Association. Representations of objection were made in relation to the prevention of public nuisance licensing objective. The concerns related to noise from people leaving the premises and noise from live and recorded music emanating from the premises.

Mr Rotherham addressed members and explained that this is an entirely residential area, and the Chapel sits in the middle of the terrace; 10A has a door onto the courtyard of the Chapel. There are concerns about noise and disturbance, including the slamming of the staff gate. Mr Rotherham expressed the view that activities ought not to take place in the courtyard.

On questioning from Members, the Licensing Officer indicated that he was not aware of any specific problems in relation to the premises.

In determining this application Members were careful to take account of the relevant written and oral representations both for and against the application and balanced their competing interests. Members were careful to disregard representations which concerned unrelated premises.

Members noted there had been no representations from Responsible Authorities.

Members were satisfied on the evidence they have heard and read that the measures offered by the applicant in their operating schedule, together with the offer to remove the outside area from the premises as indicated in the licence application, would mitigate any detrimental impact of the licence on the licensing objective of public nuisance.

Consequently, Authority is delegated to the licensing officer to issue the licence with conditions consistent with the operating schedule and the mandatory conditions subject to the premises being delineated to remove the outside area, and members consider this to be appropriate and proportionate in the prevention of public nuisance licensing objective.