Agenda, decisions and draft minutes

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

Resolved:

To elect Councillor Ernie Clark as Chairman for this meeting only.

There were no Chairman’s announcements.

To consider and determine an Application by Richard Francis, Senior Environmental Health Officer, Public Protection, Wiltshire Council, for a Review of the Premises Licence in respect of Galaxy Caffe, 28 Roundstone Street, Trowbridge, BA14 8DE.

Application for Review of a Premises Licence – Galaxy Caffe, 28 Roundstone Street, Trowbridge BA14 8DE

The Licensing Officer introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration. The background of the history of the premises was outlined within the report (page 9 to 13 of the agenda refer). The review of the licence had been requested on the grounds that the premises had been causing a public nuisance. The grounds stated were:

·       Prevention of Public Nuisance:  Complaints had been received relating to the provision of regulated entertainment in the form of amplified music.

In accordance with the procedure detailed in the agenda, the Applicant (Mr Richard Francis, Senior Environmental Health Officer), the Interested Parties (Mrs Natasha Owen) and the Licence Holders (Mr Damian Siegmuller and Mr Sebastian Siegmuller) were given the opportunity to address the Sub-Committee.

There were no representations from Responsible Authorities.

Key points raised by the Applicant, Richard Francis, were:

·       The structure of the premises was unsuitable, having three large single-glazed windows looking out on Roundstone Street and a single door entrance with no lobby which meant noise was easily transmitted out into the street.

·       Two complaints regarding loud noise were received on 18 January 2012.

·       Officers witnessed loud music being played at the Galaxy Caffe on 28 January 2012.

·       Noise abatement notices had been served on both Mr Sebastian Siegmuller and Mr Damian Siegmuller on 17 February 2012.

·       Subsequent vists to the premises by officers on 25 February 2012, 10 March 2012 and 14 April 2012 found that noise levels were in breach of the noise abatement notice and were causing a public nuisance.

Following questions from Councillor Bucknall the following was clarified by Mr Francis:

·       On every random monitoring visit excessive noise levels had been witnessed.

·       Monitoring logs were kept by the premises and had been provided to the Licensing Team

·       Advice was given to the Licence Holders prior to the November hearing on what was an acceptable level, and encouraged the use of an acoustic expert. Officers have spoken since then with the Licence Holders.

Maggie Jones confirmed that a number of meetings had taken place with the Licence Holder where checking noise levels had been discussed, advice had been given and assistance offered.

Councillor Roberts enquired as to what advice had been given on noise control and it was confirmed that in November 2011 the Licence Holders had been recommended to use an acoustic consultant, and at one stage had spoken about installing an acoustic curtain. Mr Francis also confirmed that there were no police reports available.

Councillor Clark asked whether the abatement notices were appealed and it was confirmed they were not.

The parties were given the opportunity to ask question of the Applicant. Following questions from Grzegorz Modarezyk, on behalf of the Licence Holders, the following was clarified by Mr Francis:

·       The guidance in Section 182 states that noise nuisance does not require a specific decibel level  ...  view the full minutes text for item 5.