Agenda, decisions and minutes

Application for a review of a Premises Licence at The Black Horse Pub, 62 New Road, Chippenham.

The Sub-Committee noted that neither the person who had applied for the review, nor any other persons who had made representations in respect of the review, were present and that, in accordance with regulation 20 of the Licensing Act (Hearings) Regulations 2005, the hearing would proceed in their absence.

The Chairman confirmed with the Premises Licence holder that he had seen the additional comments from Cllr. Caswill that had been circulated.

The Licensing Officer introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.

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

Key points raised by Mr Jeffery John Olsen, the licence holder, were:

·               That complaints had only been received over the weekend of the last Chippenham Folk Festival, and only in relation to late night music;

·               That the premises had compromised on live music hours on 2 of 3 nights, finishing by 11:30 pm rather than the permitted 12.30 am, to reduce nuisance to neighbours;

·               Chippenham Folk Festival weekend is integral to the viability of the pub as a business;

·               A marquee is erected in the pub car park over the festival weekend for music events, the costs of which are split equally between the festival organisers and the pub;

·               Licence holder works closely with organisers of Chippenham Folk Festival when staging live music over the weekend;

·               Has not received any other complaints in 21 years as a licence holder and is well regarded as such by Wiltshire Police, and therefore,

·               Requested that the Sub-Committee consider their decision in the context of the above evidence and do not in their decision increase pressure on the premises’ viability.

The licence holder was given the opportunity to ask questions of Wiltshire Council Officers.  A debate ensure in which the Sub Committee discussed:

·         The nature of the complaints against The Black Horse Pub;

·         The frequency of nuisance caused by the premises’ operation;

·         The licence holder’s co-operation with the licensing authority, police and local residents to date;

·         Measures available to reduce the nuisance caused by outside music at the premises, including stage orientation, marquee enclosure, amplification, etc;

·         The licence holder’s plan to host only 2 nights of music over the Folk Festival weekend in 2012; and

·         The degree of compromise within which the business would remain viable.

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 10.55 am.

The Hearing reconvened at 11.40 am.

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

That the Sub-Committee should base their decision on the evidence presented to them  ...  view the full minutes text for item 31.