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Agenda, decisions and minutes

Venue: Kennet Room - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Lisa Pullin, Tel 01225 713015 or email  lisa.pullin@wiltshire.gov.uk 

Items
No. Item

1.

Election of Chairman

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

Minutes:

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

 

Resolved:

 

To elect Councillor James Sheppard as Chairman for this meeting only.

2.

Apologies for Absence/Substitutions

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

Minutes:

There were no apologies.

3.

Procedure for the Meeting

The Chairman will explain the attached procedure for the members of the public present.

Supporting documents:

Minutes:

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).

4.

Chairman's Announcements

The Chairman will give details of the exits to be used in the event of an emergency.

Minutes:

The Chairman gave details of the exits to be used in the event of an emergency.

5.

Declarations of Interest

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

 

Minutes:

There were no interests declared.

6.

Licensing Application

To consider and determine an application for a variation of a Premises Licence in respect of The Three Daggers, 47 Westbury Road, Edington, Westbury, Wiltshire, BA13 4PG made by Three Daggers Limited.  The report of the Licensing Officer is attached.

Supporting documents:

Minutes:

Application by Three Daggers Limited for a Variation of a Premises Licence at The Three Daggers, 47 Westbury Road, Edington, Westbury

 

Jemma Price, Licensing Officer for Wiltshire Council introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration. 

 

Jemma confirmed that a variation was sought to extend the opening hours to 08:00 to 01:30 Monday to Sunday and to include the sale of alcohol outdoors Monday to Sunday 10:00 – 21:30 (10:00 – 23:00 to be permitted for the Music Brew Event, October Hop Fest and up to 4 other occasions in the year).

 

During the consultation period 4 relevant representations were received expressing their concerns about public nuisance.

 

Jemma confirmed that it was the Applicant’s intention that no licensable activities would take place between 08:00 and 10:00 each day.

 

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

 

Key points raised by Robin Brown, General Manager on behalf of Three Daggers Limited were:

 

·               The reason for the opening at 08:00 instead of 10:00 was to allow the Applicants to serve breakfast to non-residents;

 

·               There was a new building outside of the premises and it was intended that this would be a BBQ and outdoor bar facility, this was due to increased trade and to take the pressure off the inside bar at busy period; and

 

·               They intended to play low level background music outside and want to keep their neighbours and the village happy.  They had never received any noise complaints.

 

The Sub Committee asked the following question of the Applicant:

 

Q         You mention playing music, but isn’t this already part of your existing         licence?

 

A         Yes this is already part of our licence.

 

Those who had made Relevant Representations (Mrs Shepherd and Mr Shepherd on behalf of Mr and Mrs Russell) were given the opportunity to ask questions:

 

Q         You have included live and recorded music within your application            (boxes e and f at part 4 on the form) – is that to be played outside?

A         Jemma Price, Licensing Officer confirmed to those present at the hearing that, as a result of changes to the Licensing Act which came into force in  April 2015 a licence is not needed for live music that takes place between 08:00 and 23:00 when another licensable activity is taking place.  What the Applicants have said that they intend to do is provide background music which is not a licensable activity. Boxes e and f on the application form were completed in error as these are now not licensable activities.

 

Q         Does that mean that the Applicants can have live and recorded music every day during these times?  That you are applying for live and recorded music

 

A         Jemma Price confirmed that under the amended provisions of the Licensing Act they are allowed to play live or recorded music outside between the  ...  view the full minutes text for item 6.