Agenda, decisions and draft minutes

To consider and determine an Application for a Variation of a Premises Licence by Sebastian Siegmuller and Damian Siegmuller in respect of Galaxy Caffe, 28 Roundstone Street, Trowbridge

Application by Sebastian Siegmuller and Damian Siegmuller for a variation of a Premises Licence in respect of Galaxy Caffe, Trowbridge

The Licensing Officer introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.  She added that she believed that the applicants had agreed with the Police to amend their application but so far had received nothing in writing.

In accordance with the procedure detailed in the agenda, the Applicant, the Responsible Authorities and the Interested Parties were given the opportunity to address the Sub-Committee.

Key points raised by the Applicant were:

·            They want to have light music, for example just one person with a guitar, use the premises for events such as birthday parties and exhibit art.

·            Don’t want to upset neighbours.  Prepared to fit acoustic curtains to reduce any noise from the large front windows.

·            Would like to have a proper restaurant and have spent a lot of money improving the premises so would like to be able to recoup that money.

Cllr Eaton asked the applicants if they had agreed with the Police to amend their application and the applicants replied that they had.

Cllr Bryant asked about late night refreshments – would they be indoors or outdoors.  The applicants replied that they would be indoors.

Cllr Carbin asked about the steps that had been proposed to monitor noise from the premises; how would these work?  The applicants replied that they planned to keep checking outside the premises and listen, if the music was too loud then they would simply turn it down.  If there were any events or parties planned then they would alert their neighbours in advance.

Key points raised by the Responsible Authority (Richard Francis of the Environmental Protection Department, Wiltshire Council) were:

·            His objection was on the grounds of public nuisance.

·            The shop frontage is large with a single pane window with no acoustic properties.  There was also a residential flat above the premises.

·            The main concern was trying to combine live music with residential premises.  The premises were no designed for live music.

·            Acoustic measures would require an acoustic report and would be very expensive to carry out.

·            There had been complaints in relation to smoking areas and it would be good to have the smoking area to the rear of the premises however he would like to see a condition regarding the times that this area could be used.

·            He suggested that a condition saying that no drinks or food to be taken outside after 8pm because of the closeness of the neighbours.

·            Could agree to a single acoustic performance until 11pm but a live band with amplified music would create a public nuisance.

·            He objected to karaoke as it was uncontrolled and could cause a public nuisance.

The Sub-Committee then retired to consider the application at 11.10am

The Hearing reconvened at 12.30pm

Following the deliberations of the Sub-Committee Members, the Solicitor for the Council made a statement of material legal  ...  view the full minutes text for item 5.