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 Steve Bucknell Chairman for this meeting only.

To receive any apologies for absence and to note any substitutions.

No apologies were received.  There were no substitutions.

The Chairman notified all those present at the meeting that it was being recorded and that the recording would be available on the Council’s website for public viewing and that as indicated in the information within the Agenda pack, that images and sound recordings may also be used for training purposes within the Council. 

The Chairman reminded those present that any speakers that wished to remain and make a statement to the Sub Committee would be giving consent and that they would be recorded presenting this and that the meeting could also be recorded by the press or members of the public. 

The Chairman then asked if anyone present wished to withdraw from the meeting.  All parties confirmed they wished to remain in and take part in the Sub Committee.

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 5 to 11 of the Agenda refers).

There were no announcements from the Chairman.

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

To consider and determine an application for a variation of a Premises Licence in respect of Aldi, 60-62 Warminster Road, Westbury made by Aldi Stores Ltd. The report of the Public Protection Officer (Licensing) is attached.

Application by Aldi Stores Ltd for a Variation of a Premises Licence in respect of Aldi, 60-62 Warminster Road, Westbury

Licensing Officer’s Submission

The Sub Committee gave consideration to a report (circulated with the Agenda) in which determination was sought for an application for a variation to a Premises Licence, presented by Emma Hyde (Public Protection Officer – Licensing) for which one relevant representation had been received.  The application was to extend the timings for the following licensable activity and to accordingly amend the hours that the premises can open to the public from Monday to Sunday 06:00 to 00:00:

·         Supply of Alcohol (ON and OFF sales) - Monday to Sunday from 06:00 to 00:00

Wiltshire Council (as the Licensing Authority) must hold a hearing to consider the application having regard to the representations.  In accordance with Section 35(3) of The Licensing Act 2003, the Licensing Sub Committee is required to take such steps as it considers appropriate for the promotion of the four licensing objectives:

• The Prevention of Crime and Disorder;
• Public Safety;
• The Prevention of Public Nuisance; and
• The Protection of Children from Harm.

It was noted by the Sub Committee that there were three options available to them:

1.    To grant the variation application, as applied for.

2.    To grant the variation application, on the terms and conditions applied for, modified to such extent as considered appropriate to promote the Licensing Objectives.

3.    To reject the whole or part of the variation application.

The Sub Committee also noted the following from the Public Protection Officer:

• After receiving the representation from Westbury Town Council, the Applicant made an offer to keep the  terminal  hour unchanged at 23:00 but seek to extend the licence for  supply of alcohol (ON and OFF sales) to 07:00 – 23:00. However the party who made a representation  was not satisfied with this offer and did not wish to withdraw their representation;

• In relation to shops, stores and supermarkets, the Guidance issued under Section 182 of the Licensing Act 2003 states:

10.13  ‘Shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times   when the retail outlet is open for shopping unless there are good          reasons, based on the licensing objectives, for restricting those hours.’

• That the Applicant, and those who have made representations, may appeal the decision made by the Licensing Sub Committee to the Magistrates Court.  The appeal must be lodged with the Magistrates Court within 21 days of the notification of the decision.  In the event of an appeal being lodged, the decision made by the Licensing Sub Committee remains valid until any appeal is heard and any decision made by the Magistrates Court.

The following parties attended the hearing and took part in it:

On behalf of the Applicant

·         Lisa Gilligan – Freeths Solicitors – Applicant’s representative

Relevant Representations

·         Cllr Mike Kettlety on behalf of Westbury Town Council in objection to the application

The Chair advised that the written representations  ...  view the full minutes text for item 6.