Agenda, decisions and minutes

As this meeting had been reconvened, Cllr Jon Hubbard remained in the Chair for this meeting.

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

The Chairman summarised the progress made in determining the application prior to the adjournment of the meeting held 7 April 2011 and the point from which the procedure would proceed, referring parties to the “Wiltshire Licensing Committee Procedural Rules for the Hearing of Licensing Act 2003 Applications” (Pages 1 – 6 of the original Agenda refers).

The Chairman informed attendees that Maggie Jones, Licensing Officer, would be substituting for Linda Holland, Senior Licensing Officer, at the meeting.

The Chairman confirmed that additional late information had been submitted by the Applicant in support of their application subsequent to the adjournment of the meeting held 7 April 2011. Having considered the material, the timing of its provision and the resolution of the meeting held 7 April 2011, it was,

Resolved:

Not to consider the additional information submitted since the adjournment on 7 April.

To consider and determine an Application for a Variation of a Premises Licence by MSG Sandhurst Ltd in respect of Domino’s Pizza, 16-17 New Road, Chippenham, Wiltshire SN15 1HJ.

Application by MSG Sandhurst Ltd for a Variation of a Premises Licence at Domino’s Pizza, 16-17 New Road, Chippenham, Wiltshire SN15 1HJ.

The Chairman invited the Solicitor to the Applicant to summarise the points made prior to the adjournment of the meeting held 7 April 2011, before hearing the views of the Interested Party.

In summarising, Jonathan Smith, solicitor on behalf of the Applicant, referred to:

·               The summary of the scope of the application;

·               Proposed conditions, as agreed with Wiltshire Police;

·               The nature of the business and its customers;

·               Domino’s’ corporate policy, as represented in the Operational Plan, Safety and Security Strategy, etc;

·               Premises’ layout, access, operation and previous lack of complaints on operation to date;

·               Context of the local area in terms of  provision of late night refreshment;

·               Results of recent survey on customer service and business footfall; and

·               Expectation that proposed restriction on use of delivery mopeds would not include electric mopeds that may be used in future.

Key points raised by the Interested Party, Cllr Chris Caswill, the Local Member, were:

·               Emphasis on decision-making in Licensing procedures based on local knowledge, as referred to in the Thwaite’s appeal case;

·               Proximity of premises to domestic dwellings, of which there are 23 close by and nearby guest house;

·               Access issues presented by the one-way system in operation on New Road, and the potential implications of this for emergency vehicles;

·               Distinction between ‘town centre’ area and location of premises, marked by the railway arches;

·               Substantial change in hours of operation applied for, if granted enabling business to trade for 22 hours per day, all week;

·               Acceptance of proposed exception to condition regarding mopeds would depend on the noise created by electric mopeds in operation;

·               That the requested counter service until 2.00 am is at odds with the evidence on footfall provided by the applicant;

·               Hours as applied for would attract customers who had been drinking in the town centre or at the Little George pub further up the hill;

·               Drinking culture and associated problems in town centre is exacerbated by late night takeaways, already putting severe demand on police time;

·               Preparation time of food served could be problematic in containing drunk customers for several minutes;

·               Concerned over decisions based on ‘unevidenced forecasting’, as referred to in the Thwaite’s appeal case; and that

·               Local knowledge should be used in determining the application, irrespective of acceptance by Wiltshire Police, on account of unique local circumstances warranting consideration.

The parties were given the opportunity to ask questions of the Applicant, , Interested Party and Wiltshire Council Officers.  A debate ensued in which the Sub Committee discussed:

·                The scope of licensable hours of service and decision to be made;

·                The type of delivery vehicles considered acceptable by all parties;

·                Existing problems in Chippenham town centre, and the potential impacts of the application, if granted, in respect of these;

·                Views of Wiltshire Police in respect of this application, subject to conditions;

·                Domino’s’ existing relationship with the pub trade and its customers;

·                The  ...  view the full minutes text for item 16.