Agenda item

The Public Protection Officer (Licensing) presented the report to the Sub-Committee.  He explained that an application had been received from The Cork and Truckle Limited for a new premises licence for The Cork and Truckle, 4 Abbey Green, Bath, BA1 1NW.  The premises is described as “A quality wine and cheese merchants retailing a selection of locally produced wines, spirits and cheeses and other complimentary products”.

The original application proposed the following licensable activities:

·  The supply of alcohol for consumption on and off the premises 09:00hrs to 21:00hrs every day.

·  The application proposes the following opening times:

 09:00hrs to 21:30hrs every day.

·  The following measures have been offered by the applicant to promote the licensing objectives:

 • As the premises is primarily a retail outlet, the sale of alcohol for consumption "on the premises" shall be limited to occasional tasting/promotional events, and the official period of Bath's Christmas Market (including any soft opening for residents) whilst customers browse/shop in store.

 • All staff are to be trained in the prevention of under-age sales to a level commensurate with their duties. The training shall be clearly documented and signed and dated by the trainer and member of staff receiving it. The documentation shall be available to the Police and the Licensing Authority upon request.

 • CCTV shall be installed and maintained to the satisfaction of the Police and in accordance with ICO guidelines. Recordings shall be of evidential quality, retained for a minimum of 28 days, and produced at the request of the Police or Licensing Authority. A notice advising CCTV is in operation shall be displayed at the entrance.

 • Alcohol sold for consumption off premises shall be supplied in sealed containers except for:

i)  alcohol sold for consumption within an area for which a table and chairs permit, pavement licence or similar has been issued to the premises.

ii)  alcohol sold during the Bath Christmas Market, for example, mulled wine.

• A Refusal/Incident Log shall be maintained, kept at the premises, and produced for inspection by the Police or Licensing Authority upon request.

 • No more than 8 customers shall be permitted in the basement at any given time.

 • No more than 16 customers may attend a promotional tasting event held at the premises.

 • Measures offered in respect of the installation of CCTV, the keeping of a Refusal/Incident log, staff training in respect of under-age sales, the implementation of "Challenge 21" and the limit on the number of customers who may attend a tasting/promotional event at the premises shall all serve to promote the prevention of public nuisance licensing objective.

 • A "Challenge 21" age verification policy shall be implemented at the Page 16 premises.

 • Signage shall be prominently displayed at the premises advising "Challenge 21" is in operation.

• In respect of telephone and online orders, customers will be notified that deliveries of alcohol can only be made to persons aged 18 years or over, and that age verification will be required upon delivery.

In response to a query, the Public Protection Officer (Licensing) explained that the provision of small samples of alcohol for tasting purposes does not require a licence.

Decision and Reasons

Members have determined an application for a new Premises Licence for the Cork and Truckle at 4 Abbey Green, Bath BA1 1NW.  In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy which includes the Cumulative Impact 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 proposed premises falls within BANES’ Cumulative Impact Area which means that pursuant to the Council’s policy there is a rebuttable presumption that applications relating to “on trade”, premises will be refused if relevant representations are received, unless the applicant can demonstrate that the operation of the premises will not add to the cumulative impact already being experienced.  “On trade” means the sale of alcohol for consumption on the premises.

The Applicant indicated that as set out in his application, the business will be the retail sale for drinking away from the premises of wine and spirits with cheese and associated items.  The Applicant has considered the concerns of the objector and has amended the application in two ways to take account of those concerns. 

·  To amend the time of closure time from 21:00 for the sale of alcohol and 21:30 for the closure of the premises to 18:00 for the sale of alcohol and the closure of the premises.  Except during the official dates of the Bath Christmas Market including any soft opening for residents when the application is for non-standard hours of 21:00 for the sale of alcohol and 21:30 for the closure of the premises.

·  To remove the proposal for on-site consumption of alcohol at promotional and wine tasting events.  Except for the official dates of the Bath Christmas Market including any soft opening for residents, whilst customers browse/shop in store.

The objector was unable to attend and had indicated in correspondence with licensing officers that some of her concerns had been alleviated by the assurances from the Applicant.  However, she did not withdraw her original objections that were set out in her letter and amended letter of objection which were considered by Members.  In summary her objections relevant to the licensing objectives were:

·  Nuisance:  The nature of the proposed business (serving alcohol on and off site) will attract an increased amount of footfall throughout the day.  Plus, noise from deliveries and cleaning outside of the opening hours of 9am to 9:30 pm.  This will cause severe noise nuisance, effecting personal life and ability to work from home, with noise and confidentiality issues.  Increased footfall of such business will increase litter in the area more so in front of her property.

·  Increased risk of crime and disorder:  The front door of her residential premises is located very close to the commercial unit’s entrance and window. The distance between her front door and the commercial unit is less than 3 metres.  There is no outside space for the commercial unit.  This could lead to customers standing in front of her door obstructing her entrance and could potentially behave in such a manner, which amounts to anti-social behaviour.  This raises safety concerns for her, her family and friends who visit her.

Members were careful to take account of the relevant written and oral representations both for and against the application and balanced their competing interests.  A copy of additional information considered prior to the hearing is attached as an appendix to these minutes.

Members noted that there had been no representations from Responsible Authorities which includes the Police, Highways, Planning, Environmental Protection and the Licensing Authority. 

The Licensing Officer advised that currently there were in the Abbey Green area several premises selling alcohol during the day and one in the evening.  There were no existing concerns relating to these premises or the area.  Oral and written submissions were made by the Applicant’s agent about the nature of the proposed business, the amended application and the mitigating conditions offered by the Applicant. 

Members were satisfied on the evidence they heard and read that the amended application, including the conditions offered, would promote the licensing objectives and would be unlikely to add to cumulative impact. 

Authority is therefore delegated to the licensing officer to issue the licence with conditions consistent with the amended application and conditions offered by the Applicant and indicated below, which members consider to be appropriate and proportionate in the promotion of the Prevention of Public Nuisance and Prevention of Crime and Disorder licensing objectives:

 Hours

·  The hours for the Sale of Alcohol shall be:  Standard Activity Timings from 09:00 until 18:00 every day.  Non-Standard Activity Times from 09:00 until 21:00 during the official period of Bath’s Christmas Market including any “soft opening” for residents.

·  The hours Premises are Open to the Public: Standard Opening Times from 09:00 until 18:00 every day.  Non-Standard Opening Times: From 09:00 until 21:30 during the official period of Bath’s Christmas Market including any “soft opening” for residents.

Conditions offered by the Applicant to be included in Annex 2

·  As the premises is primarily a retail outlet, the sale of alcohol for consumption “on the premises” shall only take place during the official period of Bath’s Christmas Market (including any soft opening for residents) whilst customers browse/shop in store.

·  All staff are to be trained in the prevention of under-age sales to a level commensurate with their duties. The training shall be clearly documented and signed and dated by the trainer and member of staff receiving it. The documentation shall be available to the Police and the Licensing Authority upon request.

·  CCTV shall be installed and maintained to the satisfaction of the Police and in accordance with ICO guidelines. Recordings shall be of evidential quality, retained for a minimum of 28 days, and produced at the request of the Police or Licensing Authority. A notice advising CCTV is in operation shall be displayed at the entrance.

·  Alcohol sold for consumption off premises shall be supplied in sealed containers except for: i) alcohol sold for consumption within an area for which a table and chairs permit, pavement licence or similar has been issued to the premises. ii) alcohol sold during the Bath Christmas Market including any soft opening for residents, for example, mulled wine.

·  A Refusal/Incident Log shall be maintained, kept at the premises, and produced for inspection by the Police or Licensing Authority upon request.

·  A "Challenge 21" age verification policy shall be implemented at the premises.

·  Signage shall be prominently displayed at the premises advising "Challenge 21" is in operation.

·  In respect of telephone and online orders, customers will be notified that deliveries of alcohol can only be made to persons aged 18 years or over, and that age verification will be required upon delivery.