Applicant name: Boston Tea Partyl Application ref number: 13/03409/PREM
Proposed relevant licensable activities to be carried on or from the premises: Sale of Alcohol Monday to Sunday 07:00 - 20:00

Below is the original letter TBS sent to the Council, followed by our response (July 8th 2014) to a second submission of a proposed variation to the original application. But note this update, August 2nd 2014 (in bold text):

The application to vary the license for Boston Tea Party on the corner of Gloucester Road and Nevil Road was not granted by the Licensing Committee on 31st July.  However we understand that the Boston Tea Party are going to appeal the decision – this goes to the Magistrates Court and will probably be heard in early 2015.

Original TBS response, dated Oct 20th 2013:

Applicant name: Boston Tea Party
Premises: Boston Tea Party, 293 Gloucester Road, Bishopston, Bristol
Application received date: 23 September 2013 Application ref number: 13/03409/PREM
Proposed relevant licensable activities to be carried on or from the premises:
Sale of Alcohol Monday to Sunday 07:00 - 20:00

As you are you are aware the Gloucester Road CIA covers a stretch of Gloucester Road from its junction with Pitt Road and Rudthorpe Road to the Arches on Cheltenham Road and also includes a section of Zetland Road (Map at Appendix D is shown on your website).

Your  Policy, and I quote from your 2011 Policy,  shows that this stretch of Gloucester Road, which is a major transport route in and out of the city, features a mix of retail and leisure uses with primarily residential areas behind the frontages. The request for a CIA to be introduced was made by the Police and supported by local residential amenity groups. The potential for increased public nuisance and crime and disorder arising from further licenses being granted is a major concern for local residents in this area and the Police. In particular the area, which has a significant concentration of alcohol led late night venues, witnesses a high number of assaults and other related crime and disorder including public nuisance and risk to public safety. The ability to prevent further encroachment into the normal sleeping times of local residents is also a key aspect of this policy. The policy will apply to further applications for the grant of new licenses or significant variations of existing licenses in respect of premises that primarily sell alcohol for consumption on the premises, other late night uses, restaurants and take away outlets. The main focus of the policy is likely to be on alcohol led establishments and premises that keep customers in the area at times when the promotion of the licensing objectives is most challenging (for example late night refreshment from “fast food” outlets)

So, you will be aware that these premises  fall within the Gloucester Road CIA and we therefore understand that the presumption is to refuse such an application.  As far as we are aware these premises do not have a licence so this would be a completely new facility.  And although the hours being sought are only until 20.00, this is just another venue where alcohol will be sold if you are minded to grant the application. The Licensing Department will be able to give you details of licences together with hours granted  before and since 1st August 2010.

The CIA was imposed in 2010, at the request of the police, on the area partly in recognition of the fact that alcohol misuse has resulted in chronic antisocial behaviour which has had an unacceptable nuisance impact on local residents. As you are aware, events  down the road in Stokes Croft make us suspect that antisocial use of alcohol continue to be a problem.  The development of this establishment could have a negative impact on Crime and Disorder, which is one of the licensing objectives  within the CIA -  please refer to the Council's own policy on this area.  We understand from the policy guidance that the cumulative impact policy is intended to be strictly applied, (although you will be aware that this has not been the case to-date) and that applications which would seek to be allowed as an exception to the 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.  We believe that this application does not meet this criteria.

We are aware that the Council has been minded to allow a considerable number of new or varied licences since their Policy was put in place and we are aware that the hours of this application are only from  7 am to 8 pm but we feel that at some stage the policy should be upheld.

We request that this application is refused.

 

A second, more detailed letter was sent by TBS on Nov 2nd 2013:

I regret it is unlikely that a representative from the Bishopston Society will be able to attend the hearing on 21st |November at 14.00 at City Hall. In these circumstances I would be grateful if you could put this letter in front of the Committee:

As you are aware, the CIA area covers a stretch of Gloucester Road from its junction with Pitt Road and Rudthorpe Road to the Arches on Cheltenham Road and also includes a section of Zetland Road.
 
This stretch of Gloucester Road, which is a major transport route in and out of the city, features a mix of retail and leisure uses with primarily residential areas behind the frontages. The request for a CIA to be introduced was made by the Police and supported by local residential amenity groups. The potential for increased public nuisance and crime and disorder arising from further licenses being granted is a major concern for local residents in this area and the Police. In particular the area, which has a significant concentration of alcohol led late night venues, witnesses a high number of assaults and other related crime and disorder including public nuisance and risk to public safety.

The ability to prevent further encroachment into the normal sleeping times of local residents is also a key aspect of this policy. The policy will apply to further applications for the grant of new licenses or significant variations of existing licenses in respect of premises that primarily sell alcohol for consumption on the premises, other late night uses, restaurants and take away outlets. The main focus of the policy is likely to be on alcohol led establishments and premises that keep customers in the area at times when the promotion of the licensing objectives is most challenging (for example late night refreshment from “fast food” outlets)

Whilst the Boston Tea Party is not asking for a late night licence we are very concerned that the Council have passed licences listed below despite their own policy.

Within the Cumulative Impact Area – with the exception of the Chimp House our records show, that despite the CIA which came into force on 1st August 2010 the following licenses have been granted:

2010

  •     Chimp House – application made just before CIA (July 2010) – we did object but in any event what they asked for was  granted
  •     Portico Play – 2010 – new application
  •     McColls on Cheltenham Road – 2010


2011

  •     301 Gloucester Road – The Old Fox - 2011
  •     Best Convenience Store, 3 – 5 Ashley Down Road – 2011. On the 16th October 2013 the Police asked for a review of this license. The grounds for review are that the operation of the premises does not promote the licensing objective of the prevention of crime and disorder.
  •     17 Gloucester Road – 11/00846/PREM 2011-  as far as we can recall (and we may be wrong in detail) this application was made by a small convenience shop run by people of Asian descent and it was refused on the grounds that it was unnecessary to sell alcohol 24 hours a day – and that the application was only made so the shop could make more money
  •     20 Gloucester Road – Blue Lagoon – variation – we didn't object
  •     209 Gloucester Road – Huong Que Restaurant -  2011
  •     280 Gloucester Road – 2011 – Polish Market -  new application
  •     393 – 395 Gloucester Road – Rimandos – 2011 – new license
  •     421 Gloucester Road – 2011 – Cafe Grounded – we missed the deadline but objected anyway
  •     The Kitchen – Zetland Road – 2011 – we objected but later withdrew as our representative was unable to attend plus owner said was just bringing into line with other restaurants.  It subsequently changed hands and is now an Indian restaurant
  •     Bishops Tavern, Cheltenham Road - 2011
  •     Amicii, Cheltenham Road – application on website 15.12.11 with closing date of 4th January – we did not object due to holidays but did complain to Council that 28 days normal notice was not applied – they did not reply


2012

  •     Harvest, 11 Gloucester Road – we did not object as hours were 9.30 – 17.00
  •     457 Gloucester Road – Bobbies News -  2012
  •     Simply Thai, 62 Gloucester Road – 2012 – although letter drafted we decided not to object. It continues to be a BYO
  •     451 Gloucester Road – 2012 – Pound Plus Convenience Store
  •     138 Gloucester Road – 2012- Morrisons
  • 344 – 346 Gloucester Road – Tinto Lounge – variation – we did not objec

 2013

  •     35 Gloucester – 2013 (The Old Amusement Arcade) – 2013 – new application – granted – includes standing drinkers
  •     The Blue Lagoon – 2013 – for the Meal Deal Premises - application granted though we haven't seen the conditions ye
  •     Bishopston Service Station, 106 – 114 Gloucester Road (the Service Station was granted a 24 hour licence despite 17 Gloucester Road being refused a 24 hour licence in 2011 – this  appears to show inconsistency in the Licensing Committees decisions)
  •     293 Gloucester Road – Boston Tea Party – October 2013
  •     3 Zetland Road – new application which was withdrawn day before hearing – October 12


This additional licence for the Boston Tea Party, if granted, will only add to the considerable number of outlets on the Gloucester Road CIA selling alcohol within a 24 hour period.  We therefore ask that it be refused.

Yours sincerely,

Rose Boswell
Secretary on behalf of the Bishopston Society

cc  Councillors Dr David Willingham,  Daniella Radice,  Fi Hance,  Sylvia Townsend

 

TBS response to the proposed variation to the original application, dated July 8th 2014:

Applicant name: Boston Tea Party at  293 Gloucester Road, Bishopston, Bristol
Application received date: 5 June 2014    Application ref number: 14/01321/PERM  
proposed variation to premises licence:   The proposed variation to the licence are the opening hours and extended hours for the sale of alcohol without plated food.

We have belatedly seen  the above application and submit this letter on the last day for submissions to be sent in. The application would appear from the variation application to turn the premises from a café serving food and drinks to a public house.  We do not know whether there is a difference in the licensing laws from a café serving alcohol to a premises serving alcohol without serving plated food. The previous hours applied for and granted at the end of last year were for alcohol to be served from 7 am to 8 pm. presumably with food.  We haven't received details from the council of the application granted as yet.

As you are you are aware the Gloucester Road CIA covers a stretch of Gloucester Road from its junction with Pitt Road and Rudthorpe Road to the Arches on Cheltenham Road and also includes a section of Zetland Road (Map at Appendix D is shown on your website). Your  Policy, and I quote from your 2011 Policy,  shows that this stretch of Gloucester Road, which is a major transport route in and out of the city, features a mix of retail and leisure uses with primarily residential areas behind the frontages. The request for a CIA to be introduced was made by the Police and supported by local residential amenity groups. The potential for increased public nuisance and crime and disorder arising from further licenses being granted is a major concern for local residents in this area and the Police. In particular the area, which has a significant concentration of alcohol led late night venues, witnesses a high number of assaults and other related crime and disorder including public nuisance and risk to public safety. The ability to prevent further encroachment into the normal sleeping times of local residents is also a key aspect of this policy.  And residents near these premises have expressed their concerns to us.

The policy of the CIA will apply to further applications for the grant of new licenses or significant variations of existing licenses in respect of premises that primarily sell alcohol for consumption on the premises, other late night uses, restaurants and take away outlets. The main focus of the policy is likely to be on alcohol led establishments and premises that keep customers in the area at times when the promotion of the licensing objectives is most challenging (for example late night refreshment from “fast food” outlets).  We consider this to be a significant variation on the existing
license.


So, you will be aware that these premises  fall within the Gloucester Road CIA and we therefore understand that the presumption is to refuse such an application. And although the hours being sought are only until 23.00, this is an additional three hours  a day when alcohol will be sold if you are minded to grant the application. The Licensing Department will be able to give you details of licences together with hours granted  before and since 1st August 2010.   The CIA was imposed in 2010, at the request of the police, on the area partly in recognition of the fact that alcohol misuse has resulted in chronic antisocial behaviour which has had an unacceptable nuisance impact on local residents. As you are aware, events  down the road in Stokes Croft make us suspect that antisocial use of alcohol continue to be a problem.

The extended hours asked for  this establishment could have a negative impact on Crime and Disorder, which is one of the licensing objectives  within the CIA -  please refer to the Council's own policy on this area.  We understand from the policy guidance that the cumulative impact policy is intended to be strictly applied, (although you will be aware that this has not been the case to-date) and that applications which would seek to be allowed as an exception to the 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.  We believe that this application does not meet this criteria. We are aware that the Council has been minded to allow a considerable number of new or varied licences since their Policy was put in place and we are aware that the hours of this application are only from  7 am to 8 pm but we feel that at some stage the policy should be upheld.  We as a Society do not seek to be killjoys but what is the point of the policy if it is not implemented at some stage? We request that this application is refused.



 

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