Agenda, decisions and minutes

To elect a Chairman for the meeting of the Sub Committee.

Nominations for a Chairman of the Licensing Sub-Committee were sought and it was,

Resolved:

To elect Councillor Trevor Carbin as Chairman for this meeting only.

The Chairman welcomed all those present and introduced all officers and members of the public in attendance.

The Chairman explained the procedure to be followed at the hearing, as contained within the “Wiltshire Licensing Committee Procedural Rules for the Hearing of Licensing Act 2003 Applications” (Pages 1 – 6 of the Agenda refers).

The Chairman gave details of the exits to be used in the event of an emergency.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no interests declared.

To consider and determine an Application for a Variation of a Premises Licence by Mr Jason David Norris in respect of Harvey’s Night Club and Sports Bar (Formerly Putters Mini Golf Bar) 35 Church Street, Trowbridge, BA14 8DN

Application by Mr Jason David Norris for a Variation of a Premises Licence at Harvey’s Nightclub and Sports Bar (Formerly Putters Mini Golf Bar), 35 Church Street, Trowbridge, BA14 8DN.

Prior to the introduction of the officer report, Mr David Skinner (Person who had made a Relevant Representation) requested permission to play a sound recording from his property to demonstrate noise levels, which had not previously been submitted as evidence. The Chairman invited the applicant to comment upon the request, and the applicant disputed the relevance of the recording, stating it would have been taken before the latest mitigating measures were in place. In open session the Sub-Committee discussed the request and determined that given the proposed evidence was disputed and therefore contentious, it would not be permitted to be a late submission.

The Licensing Officer then introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration as detailed in the report, explaining that it had been confirmed that the historical permitted use of the property as a nightclub granted in 1978, was still valid.

In accordance with the procedure detailed in the agenda, the Applicant, the Responsible Authorities who had made a representation (Environmental Health) and members of the public who had made a Relevant Representation were given the opportunity to address the Sub Committee.

Key points raised by Mr Jason Norris, Applicant, and Ms Alison Samver and Mr Jason Harvey on behalf of the Applicant included:

·               The applicants held a wide experience in nightclubs and their management, and have demonstrated their willingness to make accommodations as necessary to avoid public nuisance.

·               No more than ten persons would be permitted to leave the premises at a time to avoid congregation and accompanying public nuisance outside the premises, and staff would ensure crowds did not gather outside.

·               The impact of the bass speakers which had raised concerns with Environmental Protection and those making representations had been reduced through it being elevated from the floor as requested, and the amp had been downgraded.

·               Additional soundproofing had been installed at significant cost.

·               The amp would limit the noise level to 80 decibels, below the level requested by Environmental Protection at 85 decibels and well below the reported nuisance level of 90 decibels.

·               Other establishments in the area produced more intrusive noise levels, with the pubs across the street even more audible in the properties sharing the premises building than the nightclub given their lack of soundproofing

There were questions put to the applicant as follows:

·                In response to queries it was stated the sound level would be limited to 80 decibels as the amp would not be powerful enough to exceed this, but that the applicant was willing to purchase a noise limiter.

·                It was confirmed the latest measures to mitigate noise levels, the elevated bass and altered speakers, had been installed three days prior to the meeting.

·                In response to queries about noise levels from other establishments and how the applicants  ...  view the full minutes text for item 5.