Agenda, decisions and minutes

5.1             It was proposed, seconded and

RESOLVED          That Councillor E J MacTiernan be appointed as Chair for the meeting. 

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

In the event of a fire any person with a disability should be assisted in leaving the building.

6.1             The evacuation procedure, as noted on the Agenda, was advised to those present.

7.1             The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012. 

7.2             There were no declarations made on this occasion.

To determine an application for a premises licence for 9 Church Road, Bishop’s Cleeve, Cheltenham, Gloucestershire, GL52 8LR.

Premises:                                           9 Church Road, Bishop’s Cleeve, Cheltenham, Gloucestershire, GL52 8LR.

Applicant:                                          Peter Trouse

Application for a premises licence under the Licensing Act 2003.

Present:                                               Councillors E J MacTiernan (Chair), P W Ockelton and                                M J Williams.

Representatives of applicant:             Dan Pope – Applicant’s business partner.

Other parties addressing the              None.

Sub-Committee:        

SUMMARY OF REPRESENTATIONS

1.            No responsible authorities made representations in relation to the application.

2.            Five representations were made by other persons, all of whom wished to object to the application.

THE APPLICATION

Relevant licensable activities and hours applied for:

The sale by retail of alcohol                Every day        10:00-23:00

The opening hours of the premises    Every day        10:00-23:00

Non-standard timings:

On the days of the spring and autumn meetings at Cheltenham racecourse - known as The Showcase (October), the Festival (March) and the November Meeting – the opening hours of the premises will be extended to 08:00 - 23:00. This extension applies only to the opening hours, not the sale of alcohol.

DECISION

Having considered the application; the evidence provided; the representations made by all parties, including those made at the hearing; the four licensing objectives; the national guidance; and the Council’s Statement of Licensing Policy, it was resolved that the premises licence be GRANTED in accordance with the application set out, subject to the following conditions being added to the licence:

1.   All mandatory conditions.

2.   Conditions consistent with the operating schedule proposed by the applicant as follows:

• A staff training scheme will be implemented and records will be updated on a regular basis.
• CCTV will be maintained in good working order and recordings will be kept for 28 days.
• The alarm system will be maintained in good working order.
• Staff will ensure litter generated by the outside seating area is cleared away on a regular basis.
• Challenge 25 will be operated so that any person who appears to be under 25 will be required to provide a relevant photo ID [to prove that they are over 18].

3.   Condition proposed by the applicant and amended by the Sub-Committee as follows:

The management will monitor the situation where the outside tables and chairs are located to decide, on a day-by-day basis, the appropriate glassware/acrylic glassware to be used in that position.

REASON

The Sub-Committee was satisfied that all of the conditions attached to the licence would promote the licensing objectives. 

The Sub-Committee had regard to the Human Rights Act 1990 and the European Convention on Human Rights as well as its duty to the Crime and Disorder Act 1998; however, it found that it had heard no evidence that any person’s human rights would be infringed by granting the application, nor was it sufficient to convince the Panel that any significant crime and disorder or public nuisance would be caused by granting the application.

All interested parties had a right of appeal to the local Magistrates Court within 21 days of the decision. 

8.1             The report of the Senior Licensing Officer, circulated at Pages No. 1-71, outlined an application for the variation of a premises licence in respect of 9 Church Road, Bishop’s Cleeve, Cheltenham, Gloucestershire, GL52 8LR.  The Licensing Sub-Committee was asked to determine the application by either granting the application; modifying the conditions on the licence; or refusing the application.

8.2             The Chair asked all parties present to identify themselves and explained the procedure that would be followed by the Sub-Committee.  The Senior Licensing Officer advised that an application had been received under the Licensing Act 2003 relating to a new premises licence at 9 Church Road, Bishop’s Cleeve.  The application sought authorisation for the sale of alcohol between the hours of 1000 and 2300 every day.  As part of the application process, the applicant had provided an operating schedule which set out the steps he intended to take to promote the four licencing objectives as set out at Page No. 3, Paragraph 2.3 of the report.  The licensing objectives were: the prevention of crime and disorder; the prevention of public nuisance; the protection of children from harm; and, public safety.  Whilst no representations had been made by any responsible authorities during the consultation period, five representations were received from other people in relation to the application and they were set out at Appendix C to the report.  The applicant had provided a response to some of the comments made which was circulated around the table.  As a consequence of the representations the application had been referred to the Licensing Sub-Committee for determination.  The Sub-Committee was asked to determine the application either by granting the application as requested; modifying the conditions of the licence; or rejecting all, or part, of the application.

8.3             As there were no questions for the Senior Licensing Officer, the applicant was invited to present their case.  The applicant explained that the premises was previously a café which had closed approximately a year before he had taken over due to the owner retiring as a result of ill health.  He felt it was time to bring something to the village to benefit the community and breathe some life back to the High Street.  It was a small establishment with a capacity of 50-60 and was intended to be a wine bar/café with background music at a level that would ensure people could still have a conversation.  He stressed that he was not looking to compete with the two public houses in the area, one of which was sports focused and the other music oriented, his ethos was very much around supporting local businesses and he intended to stock drinks made by local distilleries, for instance, Cotswold Gin and Brennan and Brown which did not have outlets currently.  He confirmed that he did not have the ability to mass stock so he would have small quantities and if someone liked something, he could order it in.  The applicant’s business partner reiterated that the premises would be a coffee  ...  view the full minutes text for item 8.