Agenda, decisions and draft minutes

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

Resolved:

To elect Councillor Desna Allen as Chairman for this meeting only.

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).

To determine an application for a Review of a Premises Licence in respect of the Borough Arms, 7 Oxford Street, Malmesbury, Wiltshire, made by Ms L Penfold, a local resident living in the vicinity of the premises.

 Application by Ms L Penfold for a Review of a Premises Licence; Borough Arms, 7 Oxford Street, Malmesbury, Wiltshire, SN16 9AX.

The Licensing Officer introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.  The background history of the premises is outlined within the report (page 9 and 10 of the agenda refer).  The review of the licence has been requested on the grounds that the premises have been conducted in such a manner as to prejudice the licensing objectives.   The grounds stated were:

·       Prevention of Crime and Disorder: The patrons of the premises behave in an antisocial manner in the street outside the premises.

·       Public Safety: Patrons of the premises stand in the street and present a danger to the traffic.

·       Prevention of Public Nuisance: Noise levels from the premises and patrons are very high.

Several of the parties who had made representation have suggested actions the Licence holder could take to address their concerns, these included:

·       Hours of opening are restricted to closure at 11pm on all nights of the week.

·       Licensee formally warned that disturbances of any kind will result in immediate withdrawal of the licence.

·       Restriction on opening hours.

·       Revocation of the Licence.

·       Licensee to engage constructively with local police to address issues mentioned in representations.

In accordance with the procedure detailed in the agenda, the Applicant, Ms Penfold, the Responsible Authority, Wiltshire Police represented by Ms Gallimore and Sgt Alvis and the Interested Parties, Mrs Sykes, resident representing a number of local residents, Mr Rutter, representing the Residents Association, Mr Cox, Mayor of Malmesbury, Divisional member Cllr Simon Killane were given the opportunity to address the Sub Committee.

Key points raised by the Applicant, Ms Penfold were:

·            Malmesbury is a very small town, Oxford Street has very few residents but has two pubs with opening hours that allow them to open later than other premises in the town – attracting drinkers from other pubs who have shut earlier.  As a result, in the small hours of Saturday and Sunday morning the street is often full of people on the pavements and in the road; these people are always drinking, shouting and swearing.  Fights occasionally break out and damage has been caused to neighbouring properties.  This can sometimes occur until 2.00am and beyond.

·            Cars will sometimes pick up people from pub and the drivers will stop outside and sound their horn irrespective of the lateness of the hour.  People spill out onto the street, which makes it dangerous for drivers.  Often visitors to our house are intimidated when leaving at a late hour.

·            It is not unusual on a Saturday and Sunday morning to find beer glasses in the street along with broken glass and rubbish.  There has also been evidence of vomit and blood.

There were no questions for Ms Penfold.

Ms Gallimore representing Wiltshire Police (Responsible Authority) key points were:

·            This is a challenging position for Wiltshire Police and that she would concentrate on  ...  view the full minutes text for item 5.