Agenda, decisions and minutes

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

Resolved:

To elect Cllr Allison Bucknell as Chairman for this meeting only.

To receive any apologies for absence and to note any substitutions.

There were no apologies or substitutions.

The Chairman notified all those present at the meeting that it was not being recorded by Wiltshire Council, but that the meeting could be recorded by the press or members of the public.

The Chairman reminded those present that any speakers that wished to remain and make a statement to the Sub Committee would be giving consent to there being the possibility that they would be recorded presenting this.

It was noted that those that had made a representation would not be identified by name within the minutes (other than those representing public bodies and Responsible Authorities).

The Chairman then asked if anyone present wished to withdraw from the meeting.  All parties confirmed they wished to remain in and take part in the Sub Committee hearing.

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 5 to 10 of the Agenda refers).

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

To consider and determine an Application for a Premises Licence by Krumbz Café Ltd in respect of Krumbz Café, Kennet Place, Marlborough.  The report of the Public Protection Officer (Licensing) is attached.

Application by the owner of Krumbz Café

 for a Premises Licence in respect of Krumbz Café, Kennet Place, Marlborough, Wiltshire, SN8 1NG

Licensing Officer’s Submission

The Sub Committee gave consideration to a report (circulated with the agenda) in which determination was sought for an application for a premises licence presented by Lisa Grant (Public Protection Officer – Licensing) for which one relevant representation had been received from Marlborough Town Council. The application was for the following licensable activities:

• Sale by retail of alcohol (on and off sales only)

It was noted by the Sub Committee that there were four options available to them:

1. Grant the application, subject to such conditions as are consistent with those included in the operating schedule submitted with the application, modified to such extent as the Sub Committee considers appropriate for the promotion of the licensing objectives, together with any mandatory conditions required by the Licensing Act.
2. To exclude from the scope of the application any licensable activity.
3. To refuse to specify a person as the Designated Premises Supervisor.
4. To refuse the application in whole or in part.  

The Public Protection Officer (Licensing) gave details of the appeals procedure for the parties following a decision made at the Sub Committee hearing.

The following parties attended the hearing and took part in it:

On behalf of the Applicant

• Rowland Meek

Relevant Representations

• Richard Spencer-Williams, Town Clerk, Marlborough Town Council spoke in objection to the application.

The Chairman advised that the written representations had been read by the members of the Sub Committee in advance of the meeting. The Chairman then invited the Applicant to introduce their application.

Applicant’s submission

Rowland Meekspoke in support of the application, highlighting the following points:

• The Applicant was confident that the application would not impact any of the licensing objectives and that they had agreed to reduce the hours of sale of alcohol and opening hours to match those stipulated by planning conditions to ensure that all relevant partied including the Police were happy. Other measures mentioned included no vertical drinking and training for staff in logging refusals and the Challenge 25 policy.

• The Applicant gave the opinion that the Cinema nearby had a late-night licence and has had no issues or complaints regarding noise and nuisance. The Applicant was not concerned with residents purchasing alcohol from the premises to consume in the nearby park Cooper’s Meadow and stressed that there is an off licence and a Waitrose nearer to the park.

• The Applicant highlighted the events that had taken place for the King’s Coronation with a temporary notice which received no complaints. The clientele was in general middle-aged, and that the sale of alcohol with their food had been suggested by multiple customers which is the reason for the application.

Sub Committee Member’s questions

In response to the Sub Committee Members questions to the Applicant, the following points of clarification were given:

·        That there are 16 seats in the garden. 8 tables with 4 on the grass and 4 alongside  ...  view the full minutes text for item 12.