Agenda, decisions and minutes

Western Area Licensing Committee - Application for Review of a Premises Licence; Trowbridge Cricket & Sports Club, Western Area Licensing Sub Committee - Friday 25 January 2013 10.30 am

Venue: Committee Room A - Council Offices, Monkton Park, Chippenham SN15 1ER. View directions

Contact: Pam Denton 

Items
No. Item

1.

Election of Chairman

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

Minutes:

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

 

Resolved:

 

To elect Councillor Desna Allen  as Chairman for this meeting only.

2.

Procedure for the Meeting

The Chairman will explain the attached procedure for the members of the public present.

Supporting documents:

Minutes:

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).

3.

Chairman's Announcements

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

Minutes:

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

4.

Declarations of Interest

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

 

Minutes:

There were no interests declared.

5.

Application for Review of a Premises Licence; Trowbridge Cricket & Sports Club, Lower Court, Trowbridge, Wiltshire BA14 8PX

To consider and determine an application by Wiltshire Council Environmental Protection team for a Review of the Premises Licence in respect of Trowbridge Cricket & Sports Club, Lower Court, Trowbridge, Wiltshire BA14 8PX

 

Supporting documents:

Minutes:

Application by Wiltshire Council Environmental Protection teamfor a review of a Premises Licence at Trowbridge Cricket & Sports Club, Lower Court, Trowbridge

 

The Licensing Officer introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration. 

 

At this point Mr Poplett, representing the Cricket Club, presented a letter to the Chairman, concerning the late submission of evidence by the reviewing Responsible Authority. He told the Sub-Committee that the Cricket Club had requested an adjournment of the hearing in order to get legal representation. This request had initially been accepted on the basis that there were no music events before any reconvened hearing, but was later rescinded, because a live music had been held at the Club on the previous Saturday evening. Mr. Poplett explained that the most recent event had been held on the ground floor and felt that it should be disregarded.

 

The Licensing Officer clarified that the license for review was for the entire license which covered both ground floor and first floor.

 

Mr Poplett queried if Mrs Davies was aware of this and the Licensing Officer confirmed that the information was in the paperwork for the agenda.

 

Mr. Poplett asked that the latest evidence from the Environmental Health Team be disregarded by the Sub-Committee, as the Club had only had a short time to consider it. Mr. Taylor confirmed that it was for the Sub-committee to decide whether or not to take late submissions into consideration and, if so, how much weight to give to such submissions.

 

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.

 

Graham Steady, Public Protection Manager (the applicant) asked questions of Richard Francis, Senior Environmental Health Officer, and made the following key points:

·       The existing management were, in the view of Public Protection, ineffective.

·       The Public Protection team have consistently expressed doubts that the premises are suitable for the provision of amplified music.

·       An abatement notice was served by the Council in May 2010 and a breach of that notice was witnessed by authorised officers in August 2010.

·       Conditions were agreed with the club in December 2010, prior to the licensing hearing in January 2011, these including installing a noise limiter.

·       Public Protection wrote to the club in July 2011 and made recommendations to the club in respect of noise attenuation.

·       On 17 May 2012 Public Protection wrote to the club regarding a live music event on the evening of 5 May 2012.

·       The club had explained that the reasons for the noise issues at the above event were that the noise limiter had failed due to a power surge.

·       On 14 July 2012 Maggie Jones, Licensing Officer, visited the club with Annabel Wilkinson, Environmental Health Officer, the noise limiter was not working and the clubs explanation was that Mr Poplett was on holiday and no-one knew how to operate it.

·       On the same occasion  ...  view the full minutes text for item 5.