Agenda, decisions and minutes

1.1            It was proposed, seconded and

RESOLVED           That Councillor G M Porter be elected 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.    

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

Pursuant to the adoption by the Council on 24 January 2023 of the Tewkesbury Borough Council Code of Conduct, effective from 1 February 2023, as set out in Minute No. CL.72, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

3.1            The Committee’s attention was drawn to the Tewkesbury Borough Code of Conduct which was adopted by the Council on 24 January 2023 and took effect on 1 February 2023.

3.2            There were no declarations of interest made on this occasion. 

To determine an application for a premises licence for 35 Church Road, Bishops Cleeve, Cheltenham, Gloucestershire, GL52 8LP. 

Premises:                                           35 Church Road, Bishops Cleeve, Cheltenham,                                                                         Gloucestershire, GL52 8LP.

Applicant:                                          Mihaela Bodini

Application for a premises licence under the Licensing Act 2003.

Present:                                               Councillors S Hands, G M Porter (Chair) and R J E                                                                   Vines.

Representatives of applicant:             None

Responsible Authorities:                     None

Other Persons addressing the           Three local residents.

Sub-Committee:                                 

SUMMARY OF REPRESENTATIONS

1.       Two responsible authorities had made representations in relation to the application: Environmental Health Authority and Gloucestershire Constabulary.

2.       The Environmental Health Authority and Gloucestershire Constabulary subsequently agreed conditions for inclusion within the Operating Schedule.

3.       Three representations had been received from other persons in relation to the application all objecting to the application.

THE APPLICATION

Relevant licensable activities and hours applied for:

DECISION

Having considered the application; the evidence provided; the representations made by all parties, including those made at the hearing; the provisions of the Licensing Act 2003, the obligation to promote the four licencing objectives; the relevant sections of the Council’s Statement of Licensing Policy and the Statutory Guidance it was resolved that the premises licence be GRANTED in accordance with the application set out, subject to additional conditions agreed with Environmental Health and the Gloucestershire Constabulary.

CONDITIONS CONSISTENT WITH THOSE RECOMMENDED BY THE RESPONSIBLE AUTHORITIES AND AGREED WITH THE APPLICANT

1.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises that gives rise to a nuisance.

2.       There must be no deliveries or collections relating to licensable activities at the premises between the hours of 2000 hours and 0800 hours on any day.

3.       There must be no emptying of recycling (including bottle bins) or waste bins between the hours of 2000 hours and 0800 hours on any day.

4.       The Premises Licence Holder must ensure that all external doors and windows are closed when regulated entertainment is taking place internally, except to allow entry and egress.

5.       The premises will operate and enforce a Challenge 25 policy where all persons who appear to be under the age of 25 will be challenged for acceptable identification to prove they are over 18 prior to the purchase of alcohol. The only acceptable forms of identification will be a valid photo driving licence, valid passport or a valid PASS approved proof of age card.

6.       Challenge 25 posters will be displayed at the entrance to the premises, all areas where alcohol is displayed and at the cash till payment area. The posters will be displayed prominently and in the sight of customers and staff.

7.       A CCTV system with a minimum of 3 cameras will be in operation and recording when the premises is open and licensable activities are taking place. Recorded images shall be retained for a minimum  ...  view the full decision text for item 4.

4.1             The report of the Licensing Officer, circulated at Pages No. 1-47, outlined an application for a premises licence in respect of 35 Church Road, Bishops Cleeve, Cheltenham, Gloucestershire, GL52 8LP.  The Licensing Sub-Committee was asked to determine the application by granting the application as applied for; granting the application but with modifications to times or conditions appropriate to promote the licensing objectives; or, rejecting all or part of the application.

4.2             The Chair asked all parties present to introduce themselves and explained the procedure that would be followed by the Sub-Committee.  The Licensing Officer advised that the application was for a new premises licence at 35 Church Road, Bishops Cleeve. The applicant intended for the ground floor of the premises to trade as a wine bar and restaurant.  The applicant had applied for the sale by retail of alcohol for consumption on the premises, and the performance of recorded music indoors, for the hours stated at Page No. 2, Paragraph 1.2 of the report.  The application had been subject to a 28 day consultation period and both the Gloucestershire Constabulary and the Environmental Health Authority had agreed conditions with the applicant to be added to any granted licence as set out at Pages No. 3-4, Paragraph 2.2-2.3 of the report.  This included an amendment from the original application to the sale of alcohol hours by 30 minutes each day to allow for a drinking up time.  Representations had also been received from three local residents and Bishops Cleeve Parish Council as attached at Appendix F to the report.  In the original application plan, attached at Appendix C to the report, the applicant had included an external seating area to the side of the premises, alongside Church Approach. This had since been removed from the application and the updated plan was attached at Appendix D to the report.  The applicant had confirmed their intention to provide external seating at the front of the premises on Church Road.  In determining the application, the Sub-Committee must have regard to the statutory guidance issued by the Secretary of State, the Council’s adopted policy statement, the representations made and the evidence presented at the meeting.  The Sub-Committee must take such steps as it considered appropriate for the promotion of the licensing objectives which could include: granting the application as applied for; granting the application but with modifications to times or conditions appropriate to promote the licensing objectives; or, rejecting all or part of the application.  It was noted that the applicant’s agent had been contacted by telephone today and confirmed the applicant would not be attending the meeting.

4.3             In response to a query regarding seating, the Licensing Officer advised that the applicant had stated they intended to provide seating at the front of the premises, not at the side as previously requested, and they would need to go through the relevant channels with County Highways and any other organisations in order to obtain required consents.  A local resident sought clarification as to whether  ...  view the full minutes text for item 4.