Agenda, decisions and minutes

To elect a Chairman for one meeting only.

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

Resolved:

to elect Councillor Bill Moss as Chairman for this meeting only.

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

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 refer).  All those present at the meeting introduced themselves.

There were none.

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

There were no declarations of interest.

To consider and determine a licensing application to vary the premises license for – .The Prince of Wales, Coped Hall, Wootton Bassett

Application by Mr and Mrs Freeman, to Vary the Premises License for Prince of Wales, Coped hall, Wootton Bassett.

The Licensing Officer introduced her report to the Committee.

In accordance with the procedure detailed in the agenda the applicant was given the opportunity to address the Sub Committee. 

The Sub Committee members had the opportunity to question the applicant.

The Sub Committee retired to consider the application accompanied by the Solicitor for Wiltshire Council and the Democratic Services Officer.

Key points raised were;

• Mr Freeman’s wish to have flexibility within the licence, but this would not be required on a regular basis.
• Mr Freeman’s statement that the business of the pub was directed towards a clientele base that was aged 35 plus.
• Late night refreshment would take place indoors, with patio doors shut, to minimise noise levels and disturbance.
• Mr Freeman’s willingness to negotiate and offer of his telephone number to local residents to report to him directly if any noise nuisance should occur.

Following the deliberations of the Sub Committee members the Solicitor for the Council made a statement of the material legal advice given in closed session as follows:

1. The Sub Committee is required to consider the evidence before them and decide if, on that basis, there is a real possibility of any of the Licensing Objectives being undermined.

2. That a license may be limited in time but limits must support licensing objectives.

3. Conditions must be achievable i.e. within the extent of the licensee and enforceable.

The Sub-Committee considered all of the submissions made to it and the written representations together with the Licensing Act 2003, statutory Guidance and Regulations and the Licensing Policy of the Council.

Resolved:

That the application by Mr and Mrs Freeman for the variation of the premises licence under the Licensing Act 2003 in respect of Prince of Wales, Coped Hall, Wootton Bassett, be granted subject to the following conditions:

1. That when music or entertainment is taking place in the ‘trade area’ the double doors opening onto the outside drinking area should remain closed after 11.00pm

2.      The mandatory conditions contained in the Licensing Act 2003

3.      Additional conditions, consistent with the Applicant’s Operating Schedule

as follows:

Reason

The Sub Committee has considered the relevant provisions of the Licensing Act 2003 (in particular Sections 4 and 18); the guidance issued under Section 182 of the Act and the licensing policy of Wiltshire Council.

None of the objectors attended the hearing to give oral evidence but the Committee considered carefully the written objections attached to the agenda.

The Committee heard from Mr Freeman, the applicant, who stated that he had recently taken over the premises in February this year and wished to enjoy the flexibility when entertainment was being provided.  When questioned, Mr Freeman stated that he had not received any complaints about noise which could be identified as coming from his premises.  Further, he estimated that approximately 75% of his customers came from the surrounding housing estate.  Mr Freeman  ...  view the full minutes text for item 16.