Agenda, decisions and draft 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 Cllr Pip Ridout as Chairman for this meeting only.

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).

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

Before the commencement of the meeting, Cllr Nick Blakemore declared a non-pecuniary interest in the application by virtue of being a member of Trowbridge Town Council who had made a relevant representation regarding the application. He was substituted by Cllr Dennis Drewett for the entirety of the meeting.

To determine an application for a Premises Licence in respect of Naan Kebab, 11 The Halve, Trowbridge made by Pawel Pastusiak.

Application by Pawel Pastusiak for a Premises Licence at Naan Kebab, 11 The Halve, Trowbridge.

The Licensing Officer introduced 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 and those who had made a Relevant Representation were given the opportunity to address the Sub Committee.

Key points raised by Pawel Pastusiak, applicant, and Christine Scrivens, Proactive Learning Centre, on behalf of the applicant, were:

·        There had been a concern that the external blue lighting on the mobile catering unit was distracting for motorists on the nearby highways. It was explained that this had been replaced with ordinary white lighting.

·        Customers only stopped briefly to purchase refreshment and there were typically no more than five customers at any one time which resulted in minimal, if any, disturbance.  

·        The mobile catering unit was a sufficient distance from the older persons’ accommodation at Avondown Court to minimise any disturbance and the applicant was to erect signs directing patrons to be quiet.

·        The additional hours requested in the original application had been significantly reduced in response to the concerns of Trowbridge Town Council and this should be taken into consideration.

·        The applicant also highlighted the quality of the food produced and the positive reception by local people.

Key points raised by those who made a Relevant Representation, Cllr Peter Fuller and Lance Allan of Trowbridge Town Council, were:

·        Whilst Trowbridge Town Council was aware that planning considerations were not material to this application, concern was raised regarding the applicant’s lack of awareness in this matter.

·        It was suggested that any late night or daytime refreshment in a mobile vehicle was inappropriate as it was likely to cause a greater disturbance than a permanent premises.

·        The Town Council’s concerns regarding planning permission and public nuisance had not been addressed fully by the applicant in the reduced hours requested and the location of the premises in a car park was likely to attract a large number of patrons.

·        The external lighting of the mobile catering unit remained a distraction to motorists on the nearby highways.

·        Avondown Court, a residence mainly occupied with older people, was located nearby on Yerbury Street. It was suggested that noise from the mobile catering unit was audible from within Avondown Court although no evidence was produced.

·        It was also stated that several incidents of violence had occurred in the general area in recent months.

The parties were given the opportunity to ask questions of the applicant and the following issues were addressed:

·       When asked whether there were any letters of support for the mobile catering unit, the applicant explained that he had no such letters but had received verbal support from patrons.

·       It was also enquired whether the mobile catering can had received a hygiene rating and the applicant confirmed that a hygiene rating of 4 had been acquired.

·       Cllr Peter Fuller, Trowbridge Town Council enquired about  ...  view the full minutes text for item 5.