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Clifton and Hotwells
Improvement Society (CHIS)

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CHIS Licensing

RoseMary Musgrave
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Contents

Latest Applications

CHIS is backing local residents in opposing an application made by Hotwells Service Station, Hotwells Road, Bristol, BS8 4RP to sell alcohol.
Application ref number: 15/04859/PREM
Proposed variation to premises licence to extend the hours for the sale of alcohol to 24 hours daily - all night every night.
And
To extend the hours for the provision of late night refreshment to between the hours of 23:00 and 05:00 daily.

The Petrol Station in Hotwell Road has re-applied for a licence to sell alcohol over the counter round the clock 24 hours seven days per week.
Currently the premises are open for 24 hours but they are only licensed to sell alcohol Monday to Sunday 08:00 - 22:00.
Hotwells Garage
Notice on the premises. Beware it carries an incorrect Reference Number and an incorrect address for viewing the documents.

Please note: If you do wish to object to 24 hour alcohol sales in our neighbourhood, just objecting to the sale of alcohol from petrol stations as crazy will not work because this madness is now permitted by the law of our land!
(In practice it appears that the licensing authorities generally will not apply a restriction on the sale of alcohol at petrol stations that also offer a substantial range of groceries for sale. Each individual application is considered on its own merits, and licences may be refused where concerns have been raised by interested parties such as the police. Clearly, there remain concerns and ambiguity regarding the effectiveness of this particular part of the legislation, particularly around the issue of primary use)

There are only four allowable grounds for objection. These are:

  1. Prevention of Crime and Disorder
  2. Public Safety
  3. Prevention of Public Nuisance
  4. Protection of Children from Harm

More details The deadline for objections is 6th November 2015.

If you wish to object - please do so NOW. Either by letter to:
Licensing Team (Temple Street), Bristol City Council, PO Box 3176, Bristol, BS3 9FS
Or by email to: licensing@bristol.gov.uk.

To be valid you need to quote the correct Application Ref. No. 15/04859/PREM and also give your name and address.

Do ask for confirmation of receiving your objection as several were "lost" last time.

Recent outcomes

can be seen in the Archive Section at the end.

Licensing Applications

All current applications for the grant and variation of premises licences and club premises certificates can be found under Related Documents on the Licensing Authorities website: http://www.bristol.gov.uk/page/business-bristol/licensing-act- 2003-current-applications

The Licensing Team postal address is:
Licensing Team (Temple Street), Bristol City Council,
PO Box 3176, Bristol BS3 9FS

The office address is:
100 Temple Street, Bristol, BS1 9FS

The website: www.bristol.gov.uk/licensing
Opening hours are: Monday, Tuesday, Thursday, Friday: 9am to 4pm Wednesday: 9am to 3pm
Email: licensing@bristol.gov.uk.
Tel: 0117 9142500

Cumulative Impact Areas

A Cumulative Impact Area (CIA) means that the within the defined area it has been recognised that for the well-being of residents and current businesses no further licences, or significant extensions to current ones, will be granted unless it is clearly demonstrated that what is being offered is different from what already exists, and will not add to the impact already being experienced.

Two areas in Bristol 8 are termed ‘Cumulative Impact Areas’. These are Clifton Village and parts of Whiteladies Road as shown below with the stated reason.

Clifton CIA
Clifton village and the surrounding area has seen a rapid growth in restarants, 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 Police Constabulary.

Clifton Village is a popular destination with a vibrant day and night time economy. The CIA policy will help protect the residential amenity and ensure that further expansion with licensed premises is not to the detriment of this important part of Bristol.

Whiteladies Rd CIA
This stretch of Whiteladies Road is predominantly properties with A3 leisure uses. Above these are flats and behind them are residential areas. Therefore the need to promote the prevention of public nuisance, particularly late night disturbance, was the main objective when the CIA was implemented.

The policy will apply to the consideration of applications for the grant of new licences or for significant variations of existing licences in respect of premises that primarily sell alcohol for consumption on the premises, other late night uses, restaurants and take away outlets.

TO OPPOSE AN ADVERTISED APPLICATION FOR A NEW LICENCE OR VARIATION OF A CURRENT ONE

Within the specified time limit write to or email the Licensing Authority (details above).

Give your name, address and email address. If you live close to the premise say so.

Your reasons must be related to at least one of the four licensing objectives listed below.

The Police usually deal with the first two and the fourth is rarely relevant. This leaves the prevention public nuisance. This includes noise from windows and doors being left open, loud music, urinating in the street/gardens, minor damage (for example knocking over flower pots), invasive bright lighting and noxious smells etc.

To oppose an application for variation (usually an increase in hours) it is useful to have evidence of existing nuisance. For a new application one can only cite incidents which have occurred nearby and which are likely to be exacerbated by another establishment.

Factual evidence strengthens your case. Photograph physical damage or litter. Keep a diary of noise nuisance, dated and timed and a brief description of any incidents that take place. Ask neighbours to do the same so that there is corroboration. A diary is worth keeping even if there is no immediate application – a variation can crop up at any time and it is useful to have facts to hand. Sound recordings or a video recording are excellent evidence, mobile phone footage is fine.

Before presenting evidence always check the accuracy. Your case can be undermined if you exaggerate or make allegations which cannot be verified. Applicants usually have a legal representative. A record of factual evidence is very difficult, and often impossible, to refute.

Everyone who has put in an opposition will be invited to the hearing when the applicant puts his case before three City Councillors. This panel of Councillors will have been given copies of all the letters and emails.

Those who have written will be given the opportunity to address the Councillors. To save time and repetition, it is usual for one or two people to speak for those opposing. This can be decided beforehand (a list of those opposing is circulated) or when waiting to go in to the hearing. The number of those who come in support (whether or not they have written) is noticed, as proved by a recent successful outcome in Hotwells.

REQUEST FOR A LICENCE TO BE REVIEWED

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 are calling for the licence to be reviewed. This can result in a range of sanctions - new conditions can be imposed, the hours or activities cut back. The licence can be suspended for a while or even removed. This is a relatively new and potentially very effective power for residents to get some positive action on premises causing problems.

The onus is on you to initiate the review.

The grounds and reasons for making such a request have to follow the four Licensing Objectives listed above.

Sometimes it can be difficult to pinpoint the establishment that is the main offender, in which case you can ask for all licensed premises in a defined area to be looked at.

FURTHER INFORMATION AND HELP

Please contact me and I will try to help:

RoseMary Musgrave Tel: 0117 973 1704;
Email: r.musgrave4@gamail.com;
Garden Flat, 4 Eaton Crescent, Clifton, Bristol, BS8 2EJ.

Please let me know if you are opposing an application. CHIS is here to support its members.

Recent Outcomes

Annual Reports

These can be found on our Achievements page.

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