Agenda, decisions and minutes

To reconvene the hearings that commenced on 6 August and 1 September 2015.  The Chairman elected for the hearing on 1 September 2015, Councillor Trevor Carbin will continue as Chairman for this hearing.

The hearings that commenced on 6 August and 1 September 2015 were reconvened.  Councillor Trevor Carbin was nominated as Chairman at the meeting on 1 September and continued as Chairman for this meeting. 

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).

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

To determine an application for a Premises Licence in respect of 1 Bratton Road, Westbury, BA13 3EN made by Mr Refki Ibisi.

The Public Protection Officer – Licensing has updated her report since the adjourned hearings on 6 August and 1 September 2015 and this update is shown in paragraph 7 of the report.

Application by Mr Refki Ibisi for a Premises Licence at 1 Bratton Road, Westbury, Wiltshire

The Licensing Officer reiterated the purpose and scope of the application, the premises to which it related and the key issues for consideration.

In accordance with the procedure detailed in the agenda, the Applicant, the Responsible Authorities and those who had made a Relevant Representation were given the opportunity to address the Sub Committee.

Key points raised by Christine Scrivens on behalf of the Applicant were:

·               There was no proof that the picture of the rat (page 52 of Agenda papers) was as a result of the premises;

·               Following works that have been carried out at the property the Applicant will say that the odours have now been eliminated and oil drums are now stored properly;

·               Where the Applicant parks his car is not part of the application and he is not responsible for any accumulated rubbish in the area where he parks;

·               The vibrations heard by the residents of the Castle have now been taken care of, although problems of this nature in this home were never mentioned before the application was lodged;

·               The noise reading that was carried out from the bathroom of The Castle was not appropriate and should not be used as a substitute for the children’s bedroom in a similar positon.  There are no soft furnishings within a bathroom to soften the noise and this reading should not be accepted;

·               The noise level readings taken on 28 September were not supplied to us until 7 October and one of the noise consultants on the list supplied by the Council had a long turnaround time for works;

·               An offer to reduce the hours of application for late night refreshment to 23:00 to 23:30 Sunday to Thursday and 23:00 to 01:00 Friday and Saturdays was put forward which were in line with The Olympia (another venue in Westbury that has a premises licence for late night refreshment; and

·               The premises should be able to trade on a Sunday in line with the other premises in the area;

Key points raised by Damaris Broad (Environmental Health Officer) on behalf of the Responsible Authority (Environmental Control and Protection) were:

·               A timeline of events since the adjourned hearing on 1 September was attached as Supplement (1) to the agenda and on 17 September we were advised that the relevant works had been carried out;

·               On 30 September, Environmental Health Officers visited The Castle to take noise measurements and concluded that the noise is still a statutory nuisance and does not meet the criteria of the Abatement Notice;

·               Notified on 28 October that Elite Kitchen Services were carrying out further  work on the extraction;

·               The bathroom at The Castle was used to take the readings as it was no appropriate to use the children’s bedroom at the time the readings were taken as they were asleep;

·               Although the readings taken on 28 October found that the noise levels were reduced, it still did not meet the  ...  view the full minutes text for item 5.