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CHIS Licensing

RoseMary Musgrave

Cumulative Impact Zone for Clifton

We are now a Cumulative Impact Zone!
This will mean that alcohol licenses are unlikely to be granted if contested
16 November 2010: Full Council Meeting to discuss Revised Licensing Policy We had been led to believe that Clifton Village would finally be declared a cumulative impact zone, but it was not. So RoseMary and Maggie put in a statement, were asked on 3rd December to produce evidence by 17 December and sweated over producing enough evidence to a very tight deadline
11 January: We were told at the Neighbourhood Partnership that Clifton will become a cumulative impact zone when ratified at Cabinet on 18 January!
Map.

Clifton CIA Policy 2011

The licensing objective of preventing public nuisance is of primary concern.

Clifton Village and the surrounding area has seen a rapid growth in restaurants, bars and cafes. These A3 uses are mixed with residential areas and have led to an increase in public nuisance. The request for the CIA was made by the Clifton and Hotwells Improvement Society and supported by local residents and Avon and Somerset Constabulary. Clifton Village is a popular destination with a vibrant day and night time economy. The CIA policy will help to protect the residential amenity and ensure that further expansion with licensed premises is not to the detriment of this important and iconic part of Bristol. The policy, when triggered, will apply to applications for the grant of new licenses or significant variations of existing licenses in respect of premises that primarily provide alcohol for supply on the premises, restaurants and takeaway outlets. Applicants for licenses in the CIA area will need to be able to demonstrate that they can offer something different from what is currently available without adding to the impact already being experienced. These cumulative impact policies are intended to be strictly applied.

Applications which would seek to be allowed as an exception to a special cumulative impact policy will generally be favourably considered if they are judged to encourage a greater variety of types of entertainment than currently exists in these areas; in particular, the Licensing Authority welcomes those proposals which can be viewed as more family friendly and which offer a wider range of entertainment than that which is currently available because it is considered that such proposals will not add to the stress in the area and undermine the licensing objectives.

However matters such as for example,

will not be considered exceptional circumstances, as the issue is crime and disorder/public nuisance in the area as a whole rather than that associated with individual premises and the promotion of the licensing objectives.

CUMULATIVE IMPACT AREA (Preliminary facts and thoughts)
It is not simply a matter of saying that saturation point has been reached by producing numbers of licenced premises or table covers, we have to prove that at least one of the four licensing objectives is deteriorating because of the increase in licensed premises, and that this is likely to continue. The licensing objectives are:

We have to ask the Police to present crime statistics for the first two. They will also have to be prepared to argue the case with the Council. However, at the Neighbourhood Forum (formerly PACT) meetings, anti social behaviour has been a recurrent theme.

If the Licensing Authority then thinks that a concentration of licensed premises in a particular area is considered to be already causing a cumulative impact on one or more of the licensing objectives. Before finalizing its policy, and deciding whether an area is nearing this point, the licensing authority has to consult a number of statutory consultees. These include local representatives of residents and businesses.

Clifton does not have a serious amount of alcohol related crime disorder or public safety. The key objective we can argue on is the prevention of public nuisance. To define public nuisance is difficult. The modern definition is found in paras 31-40 Archbold (2005) [This is the standard book of law used in Courts]: "A person is guilty of a public nuisance (also known as common nuisance), who (a) does an act not warranted by law, or (b) omits to discharge a legal duty, if the effect of the act or omission is to endanger the life, health, property, morals, or comfort of the public, or to obstruct the public in the exercise or enjoyment of rights common to all Her Majesty's subjects."
Or Romer in 1957 " It is, however, clear, in my opinion, that any nuisance is 'public' which materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects. The sphere of the nuisance may be described generally as 'the neighbourhood'; but the question whether the local community within that sphere comprises a sufficient number of persons to constitute a class of the public is a question of fact in every case. It is not necessary, in my judgment, to prove that every member of the class has been injuriously affected; it is sufficient to show that a representative cross-section of the class has been so affected for an injunction to issue."

Licensing Applications

We now get all the applications weekly
Please note that only the Police may object to a temporary event notice and as such the applicant should have supplied the police with a copy of this application ten working days prior to the event.

12 Jan: grant None- SEV (sex venue) grant TENS Variation Review Premises; Caffe Gusto Clifton Down Shopping Centre, 3 Clifton Down Shopping Centre, Whiteladies Road, Bristol
Applicant name: Mr Michael Berger
Application received date: 5 January 2012
Application ref number: 11/05878/PREM
Representation End Date: 19 January 2012
The variation application detail is as follows: The variation requested is to amend the current layout plan for the premises to reflect slight changes to internal layout. The variation will not have an adverse effect on the promotion of any of the licensing objectives as the operation of the premises remains unchanged.
8 Dec: grant SEV (sex venue) grant TENS Variation Review
17 Nov: grant SEV (sex venue) grant TENS Variation Review
3 Nov: grant - TENS Variation -
1 Nov: grant - TENS Variation -
20 Oct: grant - TENS Variation -
12 Oct: grant - TENS Variation -
6 Oct: grant - TENS Variation Review
30 Sep: grant - TENS Variation Review
15 Sep: grant - TENS Variation -
5 Sep: grant - TENS Variation -
25 Aug: grant SEV (sex venue) grant TENS Variation Review
11 Aug: grant SEV (sex venue) grant TENS Variation Review
4 Aug: grant SEV (sex venue) grant TENS Variation Review
28 July: grant TENS Variation Review
14 July: grant TENS Variation Review
230 June: grant TENS Variation
23 June: grant TENS Variation
16 June: grant TENS Variation
9 June: grant TENS Variation
2 June: grant TENS Variation review
26 May: grant TENS Variation review
24 February: grant TENS Variation
17 February: grant TENS includes one for the new coffee shop in Boyces Avenue! Variation
10 February: grant TENS Variation
13 January: grant TENS Variation
3 February: grant TENS Variation The Grapes withdrew their application because they were told that with the evidence before the committee they could have their license revoked. They will soundproof and reapply.

There shall be no karaoke at the Zoo by way of amplified singing by members of the public to pre-recorded backing tracks except during private events in the pavillion!

20 January: grant TENS Variation
13 January: grant TENS Variation
6 January: grant TENS Variation
Premises; Amoeba, 10 Kings Road, Clifton, Bristol Application ref number: 10/05730/PREM Representation End Date: 26 January 2011 Refused
The variation application detail is as follows:
The application seeks to vary the hours for the following:
  • Recorded music, similar - live/recorded music or dance and supply of alcohol
  • Sunday to Thursday: 10.00 - 01.00
  • Friday and Saturday: 10.00 - 02.00
Late night refreshment:
  • Sunday to Thursday: 23.00 - 01.00
  • Friday and Saturday: 23.00 - 02.00
Hours premises are open to the public:
  • Sunday to Thursday: 10.00 - 01.30
  • Friday and Saturday: 10.00 - 02.30

How can I make a representation to the Licensing Committee?

Residents who are affected by the business of the Committee, may present a petition or submit a statement at ordinary meetings of the Licensing Committee and at Licensing Sub-Committee meetings. Petitions and statements presented to the Licensing Sub-Committees can be received only in respect of hearings already decided and licence applications not subject to a hearing. Petitions and statements in respect of licence applications are subject to restrictions as to who may make representations and the timescale within which they must be made and further information on such representations is available from the Licensing Office telephone: 0117 9142500

Write to: The Licensing Authority, Bristol City Council, Princess House, Princess Street, Bedminster, Bristol, BS3 4AG or email licensing@bristol.gov.uk . Tel: 0117 9142500  

If you wish to make a statement or submit a petition to the Full Licensing Committee you should notify the Democratic Support Officer by 12 noon on the day before the meeting.

Public nuisance factors you may wish to comment on:

Contact Details / Queries

If you have any queries about making a statement or submitting a petition at a meeting or if you would like to attend and have special needs, please contact us.

Democratic Support Team, Room 220, Bristol City Council, The Council House, College Green, Bristol BS1 5TR
Telephone: (0117) 9222115
Fax: (0117) 9222146
Minicom: (0117 ) 9222115
Email: democratic.services@bristol.gov.uk

Greyhound, Princess Victoria St

Sept:Application for beer garden

Portcullis, Wellington Terrace

Nov:Application to restore beer garden!!
June:Application for beer garden refused

Former ABC Cinema, Whiteladies Road.

  • 25 Feb 09: The application has been withdrawn.
  • 18 Dec 08: There have been a significant number of individual objections to the Licensing application. This is additional to those from the four residents' Societies who are concerned. The last date for objecting has been extended to January 30th. The application will be decided by a Licensing Committee at a public Hearing, probably on 4th February. Objectors will receive the details by letter from Licensing. It is hoped that a good number will attend.
    The Licence application and plans for the premises to be known as 'Vanity ' have been examined. They are confusing but it is clear that the activities proposed - eating, drinking, live music, recorded music (DJ) and dancing, include all the elements of a nightclub. Combined with the hours sought - to 4am, it is hard to imagine a more damaging use for the old cinema. It would bring more of the noise and other anti-social behaviour of the city centre 'club scene' into our streets. Although we would all like to see 'The Whiteladies' repaired and back in use this cannot be at the price of major nuisance for residents.

    Licensed Premises

    All licensing applications in Bristol 8 are being looked at by CHIS. If people are opposing please email Rosemary (R.Musgrave@bristol.ac.uk) a copy of their letter so that she can, if appropriate, support local residents.
    THIS IS WHAT EVERY RESIDENT CAN DO.
    If any licensed premises starts to cause you regular problems then you have the right to give notice to the licence holder of the premises and the licensing authority that you call for the licence to be reviewed. This can result in a range of sanctions, from new conditions being imposed or the hours or activities being cut back to the licence being suspended for a period or even taken away for good. This is a new and potentially very effective power for residents to get something done about a licensed premises that is causing problems. But the onus is on you to initiate the review.
    Your reasons must be related to at least one of the four licensing objectives and be based on evidence. The four licensing objectives are:

    Crime and Disorder

    Crime and disorder and public safety are primarily matters for the Police who should be called as soon as possible if there is an incident. You can call the local Police on 0845 4567 000 or 999 if it is an emergency.
    Keep your own record of what you see, the date and time. Next day ring again and ask for the reference number for the incident. This will mean that if you give evidence at a review Police records can be called as evidence.

    Public Nuisance.

    This is noise, urinating in streets and gardens etc. This is where evidence is of paramount importance. CHIS will always try and be of help to members and to the area.
    The new conditions and hours came into force on 24 November 2005.
    To be successful at a review you will need to prove that the new conditions have made the situation worse. To do this you will have to record accurately in the next 4 weeks what the current situation is, the good and the bad evenings. If this is not done, you have no evidence. Without evidence you have a very poor case.
    Most important, please refer to the Institute of Alcohol Studies to find a summary of the Act which has been produced by the Civic Trust and is the most comprehensible we have seen. It is worth people reading this before writing a letter - it will probably make it more effective.
  • Applications under the recent legislation are being made. In consultation with the Police it was agreed to try to get a closing time of 12.00 throughout Clifton Village for all licensed premises.
  • Draft Statement of the Licensing Policy presented to the Bristol City Council meeting 12 October 2005. RoseMary is extremely grateful to Roger Mortimer and Bob Chambers for all the work they have put into this in such a short time.

    Legal Briefing Note to all Members

    Amendments to Licensing act 2003 affecting all Members as of 29 January 2010
    Section 33 of the Policing and Crime Act 2009 has made two significant changes to sections 13 and 69 of the Licensing Act 2003. The changes are as follows: The purpose behind giving Members these additional powers is to enable Members to address local issues affecting their communities in a more proactive way as they are best placed to know about local issues and problem premises.
    Naseem Aziz, Solicitor, Legal Services

    Licensing Reform.

    Annual Reports

  • Licensing Report August 2007 to August 2008
  • Licensing Report August 2006 to August 2007
  • Licensing Report August 2005 to August 2006

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