Agenda, decisions and minutes

Variation of a Premises License - The Pear Tree, Top Lane, Whitley, Melksham, Wiltshire, SN12 8QX, Western Area Licensing Sub Committee - Thursday 6 August 2015 10.00 am

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Fiona Rae 

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 Cllr Trevor Carbin as Chairman for this meeting only.

2.

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 1 – 6 of the Agenda refers).

3.

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.

4.

Declarations of Interest

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

Minutes:

There were no declarations of interest.

5.

Licensing Application

To consider and determine an Application for a Premises Licence by Punch Taverns Plc in respect of The Pear Tree, Top Lane, Whitley, Melksham, Wiltshire, SN12 8QX.

Supporting documents:

Minutes:

Application by Punch Taverns PLC for a Variation of a Premises Licence at The Pear Tree, Top Lane, Whitley, Melksham, Wiltshire, SN12 8QX.

 

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, the Responsible Authorities and those who had made a relevant representation were given the opportunity to address the Sub Committee.

 

Key points raised by Piers Warne, TLT Solicitors, on behalf of the applicant, were:

 

·         That the application was modest in nature and would involve one additional hour in the morning, one in the evening, and 24 hour access to the premises for guests.  

·         The previous application had been granted in 2005 with no additional conditions and the current application sought to remove grandfather conditions.

·         It was highlighted that the Parish Council representation had been withdrawn and that there were no representations from responsible authorities.

·         It was explained that the community was in support of the local pub and that only the evening hours were contentious.

·         The applicants explained that the application and the operating schedule had taken the views of local people into account.

·         It was also noted that the applicants had been managing pubs for close to 23 years and were community focused.

·         The intention of the applicants was to recreate a traditional village pub with local beers and ciders, locally sourced food, and local staff. The reason for the application was to achieve more flexibility to suit local need.

·         It was explained that there were other establishments that remained open later in nearby towns and the applicants did not believe that the additional hour in the evening would result in an influx of patrons from outside the village.

·         No evidence had been provided regarding an increase of noise in the area as a result of the additional licensing hours. 

 

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

 

·         When asked to what degree the additional hour in the evening would be used, the applicants explained that the additional hour was envisaged to support the primary purpose of the pub as a family orientated establishment; it was not intended to drive business.

 

Key points raised by those who had made a Relevant Representation, Mr David Farr and Mr Knowles Mitchell, were:

 

·         Mr David Farr explained that there was a high level of support for the pub to reopen.

·         The signatories to the Neighbours of The Pear Tree Inn petition (contained in Appendix 5) were concerned that the extension to the licensing hours would be out of keeping with the ethos of the quiet village.

·         There had been noise disturbance from the pub in the past.

·         There were concerns relating to the prevention of public nuisance as the car park of The Pear Tree Inn directly faced the road and a number of houses in the village.

·         The concerns of the lead petitioner and  ...  view the full minutes text for item 5.