Agenda, decisions and minutes

To elect a Chairman for one meeting only.

Nomination for a chairman were sought and it was

Resolved:

To elect Councillor Bill Moss 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 to 5 of the agenda refer).

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 premises license for the Lyneham Pizza and Fish Bar, 41A Calne Road, Lyneham.

Application by Mr R. Baylan for a Premises License for Lyneham Pizza and Fish Bar, 41A Calne Road, Lyneham.

The Licensing Officer introduced her report.

In accordance with the procedure detailed in the agenda the applicant and his representative and the representative for one of the interested parties were given the opportunity to address the Sub-Committee and, through the Chairman, to question one another about the detail of the application and representations. Sub-Committee members had the opportunity to question all parties.

The applicant and his representative and the representative for one of the interested parties were then given the opportunity to summarise their views.

The Sub-Committee retired to consider the application.

During their deliberation the Sub-Committee members were accompanied by the Solicitor for Wiltshire Council and the Democratic Services Officer.

Following the deliberations of the Sub-Committee 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:

To grant the application by Mr R. Baylan for a Premises License for Lyneham Pizza and Fish Bar, 41A Calne Road, Lyneham, subject to:

• the mandatory conditions contained in the Licensing Act 2003

• additional conditions, consistent with the Applicant’s Operating Schedule as follows:

1. The license is granted for the provision of late night refreshment between the hours of 23:00 and 00:00 Sunday to Thursday and between the hours of 23:00 and 02:00 on Friday and Saturday.

2. Litter should be cleared daily from the area immediately outside the premises and from the adjoining car park and disposed of appropriately.

For the following reasons:

The Sub-Committee have 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.

The Sub-Committee have also considered the written evidence presented in the agenda, together with the oral evidence given at the hearing firstly from the applicant’s representative, Mr M Guveran, and then Mr England’s representative, Councillor Allison Bucknell, further to a written representation on page 41 of the agenda’s documents.

The objection centres around noise and litter nuisance at night within the locality of these premises. The Sub-Committee noted that of the written objections those of Mr Houston and Ms Glass confined themselves to stating that the premises should close at the time granted but seemed to raise no objection to the specific time requested in the application.

The written representation of Mr England suggested  ...  view the full minutes text for item 5.