Agenda 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 Trevor Carbin 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 from Members.

To consider and determine a licensing application in respect of Abbey House and Gardens, Malmesbry

Application by Mrs B Pollard for a Premises License for Abbey House and Gardens, Market Cross, Malmesbury.

The Licensing Officer introduced her report to the Committee.

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

Key points raised by Mrs Pollard (applicant) were,

• Abbey Gardens is a private house and gardens which draws 60,000 visitors to the area who often stay in local accommodation, in the 7 month season.  The Gardens employ 30 full and part time staff and sources its’ supplies locally benefiting the local economy.
• Abbey Garden functions have never received any complaints regarding noise or nuisance behaviour.
• In order to sustain core and further develop the wedding aspect of the business it is necessary to apply for a licence rather than depend on the Temporary Event Notices, which only allows the maximum of 12 events a year.   Also couples, due to the economic climate require a cash bar, which in turn provides greater control over alcohol consumption.

Key points made by objectors (Mr Lindrea, Mr and Mrs Lewis and Mrs Foster were,

• Closing times after a wedding reception.
• Location of music and where dancing etc would take place.
• Post party revellers.
• General noise nuisance.

The Sub Committee members sought clarification over some points before retiring to consider the application accompanied by the Solicitor for Wiltshire Council and the Democratic Services Officer.

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.

Decision

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

Resolved:

That the application by Mrs Pollard for the application of the premises licence under the Licensing Act 2003 in respect of Abbey House and Gardens, Market Cross, Malmesbury be granted subject to the following conditions:

1.      The mandatory conditions contained in the Licensing Act 2003

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

3.      The further following conditions are attached by the Committee to the licence:

·        Live music (whether acoustic, amplified) and recorded music to cease at 2300hrs save for Friday and Saturday when live music may continue from 2300hrs to midnight indoors only.

·        Doors and windows to remain closed when live  ...  view the full minutes text for item 21.