Agenda, decisions and minutes

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

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

Resolved:

To elect Cllr Pip Ridout 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 – 8 of the Agenda refers).

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

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

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

There were no interests declared.

To consider and determine an Application for a Review of a Premises Licence in respect of Dilay Foods, T/A Chic-o-land, 9 New Road, Chippenham, SN15 1HH.

The Chairman drew attention to the fact that the Police had delivered a set of their documentary evidence to Mr Faiz, trading as of Chic-o-land, on Thursday 18 November 2010 and asked Mr Faiz if he required more time to consider this evidence with his interpreter or would prefer an adjournment of the hearing to a fresh date.  Mr Faiz stated that he wished for the hearing to be heard that day but would appreciate some time to give further consideration to the Police evidence with his interpreter.  It was agreed that the Committee would adjourn for 30 minutes.

On reconvening, The Licensing Officer introduced her report to the Committee.

The application for the Review was presented by Mrs J Gallimore on behalf of Wiltshire Police. 

The key points of the oral evidence presented by the Police were:-

• Police found that the management of the premises did not actively promote the licensing objectives:- the prevention of crime and disorder and public safety.

• A number of incidents of crime including serious violent crime, disorder and anti social behaviour had been recorded by Police that were associated with the premises.

• The management of the premises continued to operate beyond their permitted hours despite previous formal warnings.

• Police now believed that additional conditions were required to ensure that the licensing objective (the prevention of crime and disorder and public safety) were met.

Mr Faiz, on behalf of Chic-o-land, with the assistance of his interpreter, made the following points:

• Whilst not disputing the majority of the evidence, Mr Faiz stated that:-

(i)                 the incident on 4 June 2010 involving violence took place outside the premises. There was other anti-social activity that evening but not connected with Chic-o-land customers.   

(i)                 the incident concerning urination by a customer on 25 June 2010 had taken place outside the Chic-o-land premises and not inside as stated by the Police.

·        Whilst not initially fully understanding the operation of the CCTV equipment installed inside the premises which he left to his former business partner to operate, he was now fully conversant with the working of the equipment and would be able to fully co-operate with the Police in future regarding any requests to view footage.  

When the Chairman of the Sub-Committee asked him directly, Mr Faiz responded that he was not disputing what the Police said.

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

The Sub-Committee then retired to consider the application at 1.30pm.

The Hearing reconvened at 2.15pm

The Sub-Committee considered all of the submissions made to it and the written representations in support. In reaching its decision the Sub-Committee took into account the relevant provisions of the Licensing Act 2003 (in particular Sections 4 and 52); the guidance issued under Section 182 of the Act and the Wiltshire Council Statement of Licensing Policy.

Resolved:

To amend the premises license for Chic-o-land as follows:

Provision  ...  view the full minutes text for item 31.