Agenda, decisions and minutes

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

Resolved:

To elect Councillor Allison Bucknell as Chair for this meeting only.

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

There were no apologies or substitutions.

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 – 11 of the Agenda refers).

The Chair apologised for the technical difficulties with the live stream at the beginning of the meeting which had caused a slight delay to the start of the meeting. There would be no live stream of the hearing due to the technical difficulties.  A recording of the hearing would subsequently be uploaded on the Council’s website. 

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

To consider and determine an Application for a Variation of a Premises Licence made by Food Drink Rooms Ltd in respect of The Marlborough, 90 High Street, Marlborough, Wiltshire.  The report of the Public Protection Officer – Licensing is attached.

Application by Food Drink Rooms Ltd for a variation of a Premises Licence in respect of The Marlborough, 90 High Street, Marlborough

Licensing Officer’s Submission

The Sub Committee gave consideration to a report (circulated with the Agenda) for which determination was sought for an application for a variation of a Premises Licence which was presented by Jemma Price (Public Protection Officer – Licensing).  One relevant representation had been received from local residents. The application was for the following licensable activity:

• To permit the Sale of Alcohol for consumption ON the premises in the outside bar

-           Sunday to Thursday 11:00hrs to 23:30hrs

-           Friday and Saturday 11:00hrs to 00:00hrs

Miss Price reported the following to the Sub Committee:

• On 21 April 2021, an application for a variation to the existing premises licence granted on 21 October 2005 was received and accepted as a valid application. On 5 May 2021 the consultation period was extended until 26 May 2021 due to the application not being advertised correctly;

• During the consultation period, one relevant representation was received from local residents, Mr and Mrs Harvey-Evers expressing concerns about public nuisance and crime and disorder;

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

1.            To grant the variation to the licence as applied for.

2.            To modify the conditions of the licence.

3.            To reject (refuse) the whole or part of the application.

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

On behalf of the Applicant

·         Jason Kalen – Applicant

·         Zoe Benson – On behalf of the Applicant

Relevant Representations

Mr and Mrs Harvey-Evers who had made a relevant representation were not present at the meeting.

The Chair advised that all the written representations had been read by the members of the Sub Committee in advance of the meeting.

The Chair then invited the Applicant to introduce their application.

Applicant’s submission

Jason Kalen (Applicant) spoke in support of the application, highlighting the following points:

• The outside space at The Marlborough had always been used by people to enjoy food, drinks, and background music under the existing premises licence;

• A wooden structure which they had called The Chalet had been built in the outside area to provide patrons shelter from the elements;

• The current capacity of The Chalet was 26 people and the application sought was a variation to allow alcohol to be served from the outside bar set up inside The Chalet.  Currently patrons were able to use all of the outside area of the premises, but drinks were only provided from inside the premises;

• The Applicant had attempted to speak to those who made a relevant representation, but this was not forthcoming;

• The Applicant was aware that on 12/13 April 2021 a noise complaint was received by local residents, but this was not caused by The Marlborough as they did not open until 14 April 2021;

·         In the last 9 years the Applicant  was not aware of any official complaints that had been  ...  view the full minutes text for item 6.