Decision

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:

Sale by retail of alcohol for consumption on the
premises

Monday to Thursday

Friday and Saturday

Sunday

12:00 – 21:30

10:00 – 22:30

12:00 – 19:30

Performance of
recorded music indoors

Monday to Thursday

Friday and Saturday

Sunday

12:00 – 22:00

10:00 – 23:00

12:00 – 20:00

 
 
 
 
 
 
 
 
 
 
 
 
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 period of 28 days (14 days for digital systems). The CCTV
system shall be maintained in good working order. CCTV images will
be provided to the Police and other responsible authorities if
requested as soon as practicable.

8.      
The correct time and date will be generated onto
both the recording and the real time image screen.

9.      
Any person left in charge of the premises must be
trained in the use of any such CCTV equipment, and be able to
produce CCTV images to an officer from a responsible authority upon
request.

10.   
Where appropriate, prominent, clear and legible
notices shall be displayed at all exits requesting the public
respect the needs of local residents and to leave the premises and
area quietly.

11.   
The Designated Premises Supervisor (DPS) or other
suitably competent person will undertake a risk assessment on an
event-by-event basis at times when the premises is being used for
hire or events. The risk assessment will identify if SIA door
supervisors are required and if deemed necessary the rate employed
shall be 1 per 50 of occupancy (or part thereof) and subject to a
minimum of 2 door supervisors.

12.   
Non-alcoholic/Low-alcohol drinks shall be promoted
especially to 'designated drivers' of groups.

13.   
A log shall be kept at the premises to record all
refused sales of alcohol for reasons that the person(s) is, or
appears to be, under 18 years of age. The log shall record the date
and time of the refusal and the name of the member of staff who
refused the sale. The DPS will sign and date the book each time it
is checked. The book shall be made available for inspection upon
the request of a duly authorised officer of the Licensing Authority
or Police.

14.   
An incident log will be kept which will include the
date, time and details of incident that has taken place. The DPS
shall check the book once a month ensuring that it is up to date.
The DPS will sign and date the book each time it is checked. The
book shall be made available for inspection upon the request of a
duly authorised officer of the Licensing Authority or
Police.

15.   
The DPS shall ensure that all staff concerned in the
sale of alcohol are trained in their responsibilities under the
Licensing Act 2003, particularly concerning drunk sales, underage
sales and proxy sales. Training will include challenging every
individual who appears to be under 25 years of age and to refuse
service where individuals cannot produce acceptable means of
identification and using the refusal register. Such training
(including any refresher training) will be logged and provided not
less than every six months. The training log shall be made
available for inspection by Police and “authorised
persons” immediately upon request.

 
REASON
 
The
Licensing Sub-Committee considered that it must carry out its
functions with a view to promoting the four licensing objectives,
as set out in Section 4(2) of the Licensing Act 2003. The
Sub-Committee could not take into account representations which did
not relate to one or more of those licensing objectives and it was
acknowledged that any representations received must be relevant and
evidenced-based.
CONSIDERATION
In
determining the application, the Licensing Sub-Committee considered
the fact that no Responsible Authorities had objected to the
application.  It also took into account
the concerns raised by the Other Persons and the steps put forward
by the applicant in their written submission to promote the
licensing objectives.
APPEAL
All
parties were reminded of their rights of appeal against the
Licensing Authority’s decision pursuant to Section 181 of and
Schedule 5 to the Licensing Act 2003. An appeal must be made to the
Magistrates’ Court and commenced within 21 days of
notification of the authority’s decision.
REVIEW
All
parties were reminded of the procedures contained within the
Licensing Act 2003 relating to the potential review of a premises
licence. This provision allowed the public, businesses or
Responsible Authorities to apply for a review of a premises licence
where problems arose, in relation to the licensing objectives:
crime and disorder, risks to public safety, public nuisance or
failure to protect children from harm.
The
Licensing Authority respectfully reminded all parties that, for any
review to be successful in restricting a licence, evidence would
need to be collected of incidents occurring that demonstrated that
the licensing objectives were not being adequately
promoted.  The Environmental Health team
could be contacted out of hours to report complaints of excessive
noise nuisance.