Agenda, decisions and minutes

To elect a Chairman for the meeting of the Sub Committee.

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.

No apologies were received.  There were no 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 to 11 of the Agenda refers).

There were no announcements but there was a short 5-minute delay to commencement of the hearing due to technical issues with the Live Stream.

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 in respect of The Prestbury Sports Bar, The Close, Warminster made by Mr Nicholas Pitcher and Mr Peter Bartley.  The report of the Public Protection Officer – Licensing is attached.

Application by Mr Nicholas Pitcher and Mr Peter Bartley for a variation of a Premises Licence in respect of The Prestbury Sports Bar, The Close, Warminster

Licensing Officer’s Submission

The Sub Committee gave consideration to a report (also circulated with the Agenda) in which determination was sought for an application for variation of a premises licence and which was presented by Carla Adkins (Public Protection Officer – Licensing) for which 16 relevant representations had been received.  The application was for the following licensable activities:

• To extend the current licensable area to include the carpark.

• To allow the provision of live music in the carpark on Saturdays, Sundays, and Bank Holiday Mondays between 12:00 and 20:00.

Carla Adkins in her presentation reported the following to the Sub Committee:

• On 6 May 2021, an application for a variation to the existing premises licence was received and accepted as a valid application.  Due to a delay by the Applicant in displaying the  blue notices outside the premises advertising the application, the consultation period was extended from 3 June to 8 June 2021;

• The premises had benefitted from a premises licence since 21 April 2006 and the current premises licence had been issued on 5 January 2016;

• During the consultation period, 16 relevant representations were received and a petition of 43 signatories were received against the application.  Those who had made a relevant representation raised concerns about noise from the music from the car park which could cause a public nuisance;

• During the Covid restrictions, the Applicants had made use of the car park for the consumption of alcohol and amplified live music. The amplified music generated a number of noise complaints to the Public Protection Team from local residents.  In response to the complaints the Public Protection Officer explained to the Applicants that the carpark was not covered by the building’s premises licence and therefore amplified music was not permitted to take place as the Live Music Act 2012 placed restrictions on amplified live music between 0800 and 2300.  After receiving this information the Applicants ceased offering and advertising live amplified music and instead only provided live unamplified music;

• Under the Live Music Act 2012, no licence permission is required for:

-       a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises

-       a performance of amplified live music between 08.00 and 23.00 on any day provided that the audience does not exceed 500 on premises authorised to sell alcohol for consumption on those premises,

·           The Public Protection Officer – Environmental Protection and Control had requested that the Live Music Act be disapplied in this case but was advised that this can only be granted at a hearing for a review of a premises licence and not a variation application hearing and an application for a review hearing cannot be submitted within 12 months on the same grounds; and

·           The Licensing Officer confirmed that an appeal to the Magistrate’s court may be made within 21 days and  ...  view the full minutes text for item 6.