Agenda, decisions and minutes

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

Resolved:

To elect Councillor Ian Thorn as Chairman for this meeting only.

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

No apologies were received.

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 – 11 of the Agenda refers).

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

The procedure to be followed in the hearing is governed by the Licensing Act 2003 (Hearings) Regulations 2005. Regulation 14 provides that hearings should be held in public unless the Licensing Authority considers that the public interest in excluding the public outweighs the public interest in the hearing taking place in public. Under this principle, the Licensing Authority can exclude the public from all or part of the hearing, as considered appropriate. In view of the representations and evidence that has submitted, the Sub Committee is asked to consider whether the public should be excluded from any part of the hearing in this instance.

The Sub Committee considered whether the press and public should be excluded from all or part of the hearing due to the possibility of confidential/sensitive information being disclosed. 

Resolved:

That the hearing should be held in public and that the press and public should not be excluded from the meeting.

To consider and determine an Application by Wiltshire Police for a Review of the Premises Licence in respect of Royal Sports Bar and Cue Club, Ivy Road Industrial Estate, Ivy Road, Chippenham.  The report of the Licensing Officer (Public Protection) is attached.

Application by Wiltshire Police for a Review of a Premises Licence in respect of Royal Sports Bar and Cue Club, Ivy Road Industrial Estate, Ivy Road, Chippenham

Roy Bahadoor (Public Protection Officer – Licensing) presented his report which outlined the licensing objectives and the options the Committee could take to meet these objectives. The history of the premises licence and the current licence was described alongside the grounds for its review. Mr Bahadoor advised that one relevant representation had been received from Wiltshire Council as Licensing Authority.

Key points raised by Martin O’Neill on behalf of Wiltshire Police, Review Applicant, were that:

·       Wiltshire Police Authority has no confidence in the Premises Licence holder’s ability to uphold the licensing objectives, specifically the prevention of crime and disorder.  There was evidence of a high level of crime and disorder permitted at the premises by the Premises Licence holder and he had shown a disregard to comply with the conditions attached to the Premises Licence;

·       41 intelligence reports (graded “B” for strength/reliability of source) relating to the premises gave reason for the Police to apply for a Warrant under Section 23 of the Misuse of Drugs Act.  The Warrant was executed on 15 August 2018 and Mr O’Neill, along with other Police Officers attended the premises, including PC Rossiter whose statement appeared as page 41 in the Agenda pack;

·       Mr Smart (Premises Licence holder) was present during the raid and all customers were detained whilst a search of the premises was carried out.  Three arrests were made as one person was found in possession of 2 snap bags of a substance suspected as cannabis, with evidence on a mobile phone suggesting that that this substance had been dealt by another person located inside of the club.  The keys to a car located next to another person being detained were for a car outside the club where a fence panel had been damaged that lead into the car park of the primary school next door.  This car smelt of cannabis and a bag of a suspected substance along with a small amount of white powder was found on the dash board.  The owner of this vehicle was arrested.  In the men’s toilets, a residue was found in small plastic bags on the toilet floor which was suspected as an illegal substance;

·       It was believed that the fence between the premises and the school car park had been damaged so to provide a quick escape from the premises when needed;

·       Whilst speaking to Mr Smart during the execution of the warrant, he informed Mr O’Neill that he had held a Personal Licence since 2015, but he was unable to demonstrate any knowledge of the four licensing objectives, nor was able to tell Mr O’Neill what any of the conditions that are part of his premises licence;

·       Mr Smart said that he did not attend the Pubwatch meetings due to a fallout with the Chippenham BID and was not able to send anyone else.  Mr Smart  ...  view the full minutes text for item 7.