Agenda, decisions and minutes

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

Resolved:

To elect Councillor Peter Hutton as Chairman for this meeting only.

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

There were no apologies or substitutions.

The Sub Committee decided to delay the start of this hearing as the Applicant was not present at the due start time of the meeting (10.15am).  At 10.45am, the Applicant was still not present and during that period, three attempts to call her had been made, two voicemail messages left and an email was also sent to the Applicant. 

Jemma Price (Public Protection Officer – Licensing) reported that she had met with the Applicant on 11 December (day before the hearing) and all of arrangements for the hearing were discussed and the Applicant had confirmed to Jemma Price that she was intending to attend the hearing along with her representative.

Sarah Marshall (Senior Solicitor) referred the Sub Committee to paragraph 9 of the procedural rules for the hearing of Licensing Act applications (page 9 of the Agenda pack) and advised the Members that they were able to hold the hearing in a party’s absence.  The Sub Committee were confident that they had sufficient information within the Agenda and that the Applicant was fully aware of the date and time of the hearing and  in accordance with Regulation 20 (2) (b) of the Licensing Act 2003 (Hearings) Regulations 2005 the Sub Committee resolved that it would hold the hearing in the absence of the Applicant and would make its determination based on consideration of the application and the written representations that had been received, together with any further oral representations that may be received on behalf of Devizes Town Council, of which a representative was present.  If the Applicant were to arrive whilst the hearing was in progress, the Sub Committee would allow the Applicant the opportunity to address the Sub Committee should she wish.

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 – 12 of the Agenda refers).

The Chairman gave details of the exits to be used in the event of an emergency and asked all those present to introduce themselves.

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

To consider and determine an Application for a Premises Licence in respect of The George (Narrowboat), Devizes Wharf, Devizes, Wilts, made by Anna Baker.  The report of the Public Protection Officer (Licensing) is attached.

Application made by Anna Baker for a Premises Licence in respect of The George Narrowboat, Devizes Wharf, Devizes

Jemma Price (Public Protection Officer – Licensing) introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.  Jemma highlighted the following:

·        This was an application for a Premises Licence which sought to provide late night refreshment from Monday to Sunday from 23:00 to 23:30 and sale by retail of alcohol (off sales) from 11:00 to 23:30, Monday to Sunday;

·        One relevant representation was received from Devizes Town Council in objection to the application.  Their representations were made in relations to concerns about public safety and the prevention of public nuisance; and

·        The Applicant had been trading for 21 days at Devizes Wharf under the permission of Temporary Event Notices with no issues reported to Wiltshire Council Licensing Team.

The Applicant nor any representative, were present at the meeting.

Key points raised by Mr Nigel Carter on behalf of Devizes Town Council who made a Relevant Representation were:

·        That the Town Council were concerned that this appeared to be an application for a mobile licence for a winter mooring that was due to expire on 15 March 2019.  At the Town Council’s planning meeting, they had had a robust debate and objected to the application as they felt that the proposed location on the canal tow path was not appropriate for a licenced premises’ both in terms of safety due to the lack of light and proximity to deep water and narrowness which would result in an unacceptable impact on other users of the tow path.  They were also concerned that should a licence be granted it would be to the detriment of other boat users in the area and that the lack of toilet facility in the area would lead to acts of anti-social behaviour;

·        The Town Council stated that a number of premises were believed to have licences to trade in a similar context for example with private events taking place on board (boats) using the canal;

·        There was also a concern that the premises would be on the route (the tow path) which is transited by many children whilst walking to and from school.

The Sub Committee members noted at 11.03am that there was still  no attendance by the Applicant and the Sub Committee asked the following questions of Mr Carter who was representing Devizes Town Council:

Q        Who manages the tow path?

A        It is managed by the Canal and River Trust.

Mr Carter questioned the location of The George Narrowboat and according to the map on page 43 of the Agenda and felt that its usual location was near to the Wharf Theatre which was close to the number “5” indicated on the map.

The Sub Committee wished to clarify that if the licence was to be granted would the Applicant be able to trade in any location within the Devizes Wharf.  Jemma Price (Public Protection Officer  ...  view the full minutes text for item 6.