Jersey Unreported Judgments

Licensing Assembly - re: Bath Street Wine Cellar - application for First Category Taverner's Licence.

[2021]JRC078

Royal Court

(Samedi)

18 March 2021

IN THE MATTER OF THE LICENSING (JERSEY) LAW 1974

AND IN THE MATTER OF THE BATH STREET WINE CELLAR LIMITED'S APPLICATION FOR A FIRST CATEGORY TAVERNER'S LICENCE IN RESPECT OF THE SAINT LAURENT PUB.  

judgment

the lieutenant Bailiff:

1.        The Assembly has given this application careful consideration.  Before we announce our decision, we make some observations that will apply both to this applicant and for the benefit of various other applicants.  

2.        In the opinion of the Assembly, all operators of on-licensed premises owe a moral duty to provide sanitary accommodation that is maintained to the current standards stipulated by the Environmental Health Department, whether or not an application is due for consideration by the Licensing Assembly.  Tenants leasing the properties and the public should expect that adequate sanitary accommodation is provided.  We acknowledge that some premises, such as beachside concessions, are of a nature such that achieving current standards may not be possible, but these premises are usually located close to public amenities, which provide an alternative service to their clientele.  

3.        Furthermore, the Assembly may apply its discretion where an applicant provides to the Assembly a business model demonstrating that the consumption of alcohol will be ancillary to the main purpose of the business and the sanitary accommodation available to the clientele will be sufficient to meet the needs proposed in the business model.  

4.        The Saint Laurent Pub is not located close to any public amenities, and the consumption of alcohol will be a major reason for clients resorting to the premises.  Therefore, the necessary sanitary accommodation stipulated by the Environmental Health Department needs to be provided within the premises.

5.        We note the approach that the Assembly took in respect of The Green Rooster application of 20 December 2018, where a reduced occupancy of 25 persons was imposed, based on the 1995 standard.  The occupancy was subsequently increased once the sanitary accommodation had been improved. 

6.        We also note the decision of the Assembly, in respect of The Old England application on 20 August 2018, where there were extenuating circumstances, and a period of grace was offered in which to resolve the sanitary accommodation issue.  Under the previous licence in respect of these premises, the occupancy was fixed as 110 persons, excluding members of staff, based on the assessment of the Fire Service and the Environmental Health reports submitted for the 2012 application.  The Environmental Health report stated at the time that the sanitary accommodation was sufficient for an occupancy of 110 persons under the pre 1995 standards and, should any major internal refurbishment take place then the sanitary accommodation would have to be brought up to present-day standards if that level of occupancy were to be maintained.  

7.        We understand that internal refurbishment works are currently underway at the Saint Laurent Pub, and indeed on 15^th March the applicant indicated to the Judicial Greffe that an additional wash hand basin would be installed in 'Ladies' toilets the following day, allowing then for an occupancy between 26 and 50.  We do not have yet the benefit of confirmation from Environmental Health, but we note the Structural Report, in respect of occupancy.  

8.        We would like to say this: that is a step in the right direction, but nearly a decade has passed since the Environmental Health report notified the landlord of the improvements required, to allow for 110 persons' occupancy.  

9.        We acknowledge that this is an exciting new venture for the applicant, which seeks to re-energise an establishment located in the heart of the community, and obviously from what the Connétable has said, "a well-loved establishment".   But we find that there are no exceptional circumstances which would allow the previous occupancy to remain in place.  Current Covid Restrictions may mean that the premises might not achieve their desired occupation for several months in any event, and therefore allowing a period of grace probably would serve no useful purpose.

10.      The applicant should note that any Planning Permission for further alterations may require approval of this Assembly (or alternatively the Licensing Delegation) under article 12(i) of the Licensing (Jersey) Law 1974, before those alterations could take place, but this approval may be dealt with 'on the papers' without a formal sitting.  Therefore, on balance, we are going to impose a reduced occupancy, but allow you to bring a Representation before the Inferior Number of the Royal Court (which we authorise in that regard) to seek an increase in occupancy, but not to exceed 110 persons, excluding members of staff.  The occupancy will be determined on updated reports of the Fire Service and the Environmental Health Department, and no doubt the Inferior Number will choose the lower of the two figures.  

11.      If this course is taken a further Parish Assembly will not be required, as the occupancy of 110 was supported by the Parish at its meeting on the 24 February 2021.  It would avoid a delay to the applicant if improvements are made in early course, because the Inferior Number sits every Friday whereas the Licensing Assembly sits quarterly.  If the applicant were to seek an occupancy above 110 persons, though, such an increase would need to be considered by further Parish and Licensing Assemblies.

12.      If there is anything further, you wish to add?  We are going grant the application subject to conditions.  Are there any observations?  Very well.

13.      This licence, which incorporates the Beer Garden, is subject to the following conditions:

(i)        The licence shall not take effect until the licensee lodges with the Judicial Greffier a certificate from the Chief Fire Officer certifying that the works identified in the report of the Fire Safety Officer dated the 4^th February, 2021 have been completed to the satisfaction of the Chief Fire Officer; and upon receipt of the said certificate the Judicial Greffier shall issue an Act of Court confirming that the said certificate has been so lodged; 

(ii)       that the number of persons permitted to be on the said premises shall at no time exceed 50, excluding members of staff; and;

(iii)      that if any door security staff are employed, they shall be members of a locally-recognised "Doorman Registration Scheme";

14.      Further, the Assembly hereby authorises the Inferior Number to receive and consider any Representation brought by the applicant, seeking to increase the occupancy, such Representation to be supported by up-to-date reports from the Fire Service and Environmental Health. 

15.      The number of persons permitted to be in those areas of the said premises available to the public shall be limited to such number as the Inferior Number may determine, in the light of the recommendations of the Chief Fire Officer and the Director of Environmental Health, and in any event shall not exceed 110 persons, excluding members of staff.

Authorities

Licensing (Jersey) Law 1974.