Agenda item

The Public Protection Officer (Licensing) presented the report to the Sub-Committee. He explained that an application had been received to vary the Street Trading Consent times for Jimmy’s Kebab, Pitch 24, Terrace Walk, Bath, from finishing at 03:00hrs to finishing at 04:00hrs every day (to trade an hour later).

He informed the Sub-Committee that a number of objections were received on the grounds of potential increase in Anti–Social behaviour, noise and litter which affects nearby residential and commercial premises.

Decision and Reasons

Members have had to determine an application to vary a Street Trading consent at Pitch 24, Terrace Walk, Bath, to increase the hours of operation by one hour at the end of each day.  In determining the application, Members had regard to the Local Government (Miscellaneous Provisions) Act 1982, Council Policy and Human Rights Act 1998.

Mr Navarette addressed the committee on behalf of the applicant. He explained to members that the applicant is passionate about providing good food, he has been on site for 3, nearly 4 years and never had to call the police. He does not play music nor have flashing lights and always cleans up the area after they finish their work. He always pays his fees on time and ensures his paperwork is up to date. He tries to maintain a low level of noise. Mr Navarette explained that his client had recently installed CCTV to help reduce crime and anti-social behaviour, was passionate about providing a service in a good and safe manner and does not serve alcohol. On questioning regarding the CCTV, Mr Navarette explained that his clients feel CCTV is a good deterrent and the police had welcomed it, as it can help with other enquiries. He accepted that they see the need for it and recognise anti-social behaviour in and around the area.

Mr Navarette noted that there are two pitches very close to Mr Yilmaz’s which have recently been granted extensions of time until 4am. He asked Members to consider allowing a trial period consent for the additional hour if needs be.

Mr Navarette alluded to a petition that his client had in support of the application.

As this was late additional information and such information would only be admitted in exceptional circumstances, the Chair invited representations from the parties in relation to its late admission. Mr Cochrane, solicitor for The Abbey Hotel who had made an objection, objected to the late admission of this material on the basis that it would have to be examined carefully to identify who had signed it where they had come from. Councillor Craig echoed these observations, unless it could be established that the people who had signed the petition live or work in close proximity to the pitch, it would be of limited reliability. In the circumstances members decided not to allow the petition to be admitted into evidence but acknowledged its existence. Mr Navarette thanked members for considering the issue.

There was a written representation from Mr Josh Watts on behalf of 1-5 North Parade inclusive being The Abbey Hotel.  The objection related to anti-social behaviour which Mr Watts said was disturbing their guests on a daily basis resulting in refunds and ruining their business reputation.

Mr Cochrane, solicitor for Abbey Hotel, addressed members with oral representations and indicated that his submissions were based upon the evidence of Mr Kiengsri, Night Manager of the Hotel for 8 ½ years. Mr Cochrane indicated that during the period of 3-4 years that Jimmy’s had been there, substantial periods of which was in lockdown, they had noticed an increase in anti-social behaviour which had resulted from the presence of Jimmy’s Kebabs.

The hotel has about 25 rooms that face out onto the pitch and they were receiving complaints from people being disturbed in the night as a result of people attracted to pitch, largely from Labyrinth nightclub, also there was a tendency for people to come from Second Bridge nightclub causing disturbance with shouting, swearing and general chatter. The difference in the position now and before Jimmy’s was there, is that the Labyrinth is pretty good at transiting people off, but it is not their responsibility to deal with people going to Jimmy’s which acts as a magnet for people who cause disturbance. In 3 months or so, The Abbey Hotel had paid out approximately £2,000 in compensation, due to the disturbance they have been caused. The problem with noise and disturbance escalates from about 2:15am as people start to leave local nightclubs and gravitate towards the pitch and it is curtailed at 3:15am. By extension, if the additional hour is granted, this is likely to become exacerbated. Mr Cochrane submitted that evidentially, they can establish that there is a problem at the minute and logically this is likely to continue.

Mr Philip Pearce, owner of the Green Rocket Café, wrote to object against the application on the grounds of anti-social behaviour, noise, litter and vomiting.

There was a written objection from Councillor Sue Craig who indicated that there had been noise and anti-social behaviour reports associated with this pitch which is directly opposite The Abbey hotel and causes disruption to guests in the early hours of the morning. In oral representations, Councillor Craig reiterated her written representations and explained that the pitch is near residential properties and a lot of buildings are listed, so cannot have double or triple glazing. Noise from the pitch is very disruptive, despite any efforts by pitch holder, and there are reports of littering and anti-social behaviour. Councillor Craig submitted that to increase the consent from 3am to 4am would be unacceptable in a place with residents.

Members noted that there were no representations from consultees such as the Police, Environmental Protection or Highways Department.

In reaching a decision Members took account of the relevant representations and balanced the competing interests of the applicant and the objectors.

Members noted that the principle of the pitch has already been established and this application concerns an increase in hours of operation from 0300 to 0400 daily.

Members are mindful that their Policy anticipates a street trading environment that is sensitive to the needs of residents alongside providing diversity and consumer choice, amongst other things.

Members noted that Mr Yilmaz is a conscientious pitch holder who takes his business responsibilities and obligations under his existing consent seriously, but on balance, Members found on the evidence that they had heard and read as indicated above, that there was likely to be an increase in nuisance and annoyance to people using the street and otherwise, that could not be mitigated by the standard or additional conditions. For that reason, they did not think that a shorter period of consent as a trial was appropriate either. Accordingly, they refused the application.