There is a proposed development by Longacre (Bath) at 34-36
Stall Street involving the refurbishment of the building to provide additional
retail facilities, new apartments on the first and second floors together with
further apartments in a rooftop extension.
The rear of the building overlooks the courtyard at St Catherine's. We have spoken to the developer and his
agents who provided details of the proposals and we have visited the site with local
residents.
Saturday, 17 May 2014
34-36 Stall Street
Saturday, 10 May 2014
Party houses
An increasing number of residents are reporting problems of
noise nuisance and antisocial behaviour associated with flats and houses being
let out as party venues and in particular stag and hen dos.
We are pressing the council to review the legal advice to
their planning officers in the light of an Appeal Court Judgement which allows
them to view this type of letting a “change of use” requiring planning
permission.
We are also asking the police and local authority for
assurances that they will be looking at the provisions of the Antisocial Behaviour, Crime and Police Act 2014 which
becomes law this month to consider their use
in tackling this problem.
In the meantime we are urging affected residents’ to complain regularly to BANES Environmental Protection Team who can be reached via Council Connect.
It is really important that there is a body of officially recorded complains
that can be referred to in any enforcement proceedings.
Friday, 9 May 2014
Comments on the proposed Code of Best Practice for Licenced Premises
Code of Best Practice can be found on the Council's website
at www.bathnes.gov.uk/licensing-consultation
We would suggest the following additions
1. The
Licencing Policy includes numerous references to risk assessment and we believe
the Code should offer some guidance about how these should be done
2. It is
important to make door security staff feel part of the team and to ensure they
understand the ethos you are trying to promote
3. Give the
nearest noise sensitive premises a contact number so that they can call to
alert you to the fact that nuisance is occurring
4. Hold
regular meetings with your local residents’ association to discuss your future
plans and hear their concerns.
5. Have the
duty manager regularly go outside the premises to see and hear what it looks
and sounds like to passers-by and neighbours
Comments on draft Statement of Licensing Policy
It
is a requirement of the Licensing Act 2003 that every Licensing Authority
produces a "Statement of Licensing Policy" which explains how it will
exercise its licensing functions under the Act.
A copy of the
proposed Statement can be found on the Council's website at www.bathnes.gov.uk/licensing-consultation.
Our comments on the proposed statement are as follows:
We think the introduction should include
a statement explicitly acknowledging the role of the local authority in
balancing the legitimate aspirations of business in the Night Time Economy with
the rights of residents in the areas where they operate
Paragraph 2.4 says “It is
expected that when promoting low priced alcohol, all premises will be
considerate of the effect such promotions are having on our large student
population, as well as being mindful of the negative effect promotions aimed at
females often have.” We are not clear what effect the Licencing Authority
expects this to make in practice? How do they expect premises who had read this
sentence to behave differently from premises that had not?
Paragraph 3.6 is, as drafted,
very defensive. We believe this policy statement ought to include a statement
of when the BANES will use its new status as an interested party not just when
you will not.
Paragraph 6.7 I; is far too
prescriptive particularly in relation to the Environmental Protection Act.
There are a number of situations in which noise generated by licensable
activities is significantly undermining the licencing objectives but cannot be
effectively dealt with by the provisions of the Environmental Protection Act
for instance when the noise is regular but intermittent or the noise level is
not above statutory limits but is still causing nuisance. In these situations
it is necessary that the licencing authority act to support the objectives being
undermined and officers and members should have the freedom under this policy
to make that judgement.
Paragraph 17.2. How will the
Licencing Authority encourage all the excellent things mentioned in this
paragraph? For this to be meaningful, not just motherhood and apple pie, there
must be some reference to mechanisms?
Paragraph 17.3. Whom does the
licencing authority see as its key partners? What form will these partnerships
take for instance does the policy envision formal partnering agreements and structures?
Paragraph 21.2. We see no
justification for enforcement being graduated; particularly when a premise has
been in business for some time there is no excuse for breaches particularly
“minor” ones. Enforcement is a major issue for residents; examples of failures
to comply are far too frequent suggesting premises do not respect the current
enforcement policy. Enforcement resources are very limited which means warnings
and cautions are often not followed up effectively.
Paragraph 21.4. What is the Authority’s
policy on the level of resourcing it will provide for enforcement activities
requiring the involvement of BANES officers? What is its policy on out of hour
provisioning?
Paragraph 35.5. As a statement of
policy this is very unclear.
Section 36 focusses primarily on
harm to children on licenced premises. The policy needs to acknowledge harm
potential off site for example children whose sleep is disturbed by rowdy
drinkers, exposure to drugs paraphernalia, exposure to advertising in premises
window and street flyers which use foul language or glorify the consumption of
alcohol and drunkenness.
Section 37.1. The policy
statement needs to recognise that it is often a very daunting prospect for
residents to approach the proprietors of licenced premises with complains. The
policy should include referring complainants to organisations that could help
them in approaching proprietors, such as residents’ associations, or the
licensing authority itself being more proactive in acting as a mediator.
One of the frustrations objectors
often experience is that applicants make assertions about how their business
will be run or promises about what they will do which the committee acknowledge
has influenced their decision but which do not or cannot get turned into conditions
on the licence. It would be useful if the licencing authority maintained a
register of these influential assertion and promises so that at subsequent
hearings the committee can get a sense of the integrity of the applicant.
Other authorities when making
CCTV a condition of a licence go beyond specifying the number and siting of
cameras and specify minimum technical standards that must be met.
The policy should include a commitment
about how quickly applications will go up on the council’s web site.
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