Agenda item

Applicant: Roberto Mondim (not present and not represented)

Responsible Authority: the Police, represented by Martin Purchase (Liquor Licensing Officer)

The Licensing Support Officer presented the report. The Police had requested that seven additional conditions be attached to the licence as listed in paragraph 4.10 of the report. The applicant had agreed in writing to all of the conditions, but had subsequently written pointing out that, as he was not applying for off sales, two of the conditions were not appropriate and he requested that they should not be attached to the licence. These conditions were:

Alcohol will only be sold over the counter with food orders over £4.00.

and

All deliveries which include alcohol must only be received by a person aged 18 or over.

Mr Purchase stated the case for the Police. He said that the applicant was not present today as he was on a pre-booked foreign holiday. He had met the applicant to discuss the application, and the applicant had agreed to all the conditions proposed by the Police. Unfortunately the meeting had taken place before the Police had received the full documentation, and it had not been realised that off sales were not included in the application. Mr Purchase stated that there were other premises in the area where there had been problems with alcohol being supplied to people under the age of 18, which had been dealt with. He understood that the applicant was not planning to sell alcohol over the counter and that The Fat Friar could be described as a traditional fish and chip shop.

Following an adjournment, it was RESOLVED to grant the licence as applied for together with the mandatory conditions related to the sale of alcohol, the prevention of irresponsible drinks promotions, the dispensing of alcohol directly by one person into the mouth of another, the provision of free tap water, age verification policy, and the availability of alcohol in smaller measures. 

They also imposed the conditions consistent with the Operating Schedule and those proposed by the Police and agreed to by the applicant save for the two which were irrelevant to the sale of alcohol on the premises.

Authority was delegated to the Licensing Officer to issue the licence accordingly.

REASONS

Members have today determined an application for a new Premises Licence for The Fat Friar, 227 London Road East, Bath. In doing so they have reminded themselves of the Licensing Act 2003, Statutory Guidance, the Council’s Statement of Licensing Policy and the Human Rights Act 1998. 

Members are aware that the proper approach under the Licensing Act is to be reluctant to regulate in the absence of evidence and that they must only do what is necessary and proportionate to promote the licensing objectives based on the evidence before them.

Members noted that the applicant was unable to attend the hearing today due to his being on holiday, for which he had given prior notice to the Council. Members proceeded in his absence and took account all of the oral and written representations from the applicant and Police, and were careful to balance their competing interests. 

Members noted that the representations made by the Police were related to sporadic episodes of crime and disorder and anti-social behaviour already experienced in the area and that the applicant had not provided enough detail and clarity to address these matters in the Operating Schedule.

The Police had recommended that certain conditions were attached to the premises licence. These had been agreed to by the applicant save for the two conditions which were relevant to the sale of alcohol off the premises as the application was for the sale of alcohol on the premises only.