Agenda, decisions and minutes

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

Resolved:

To elect Councillor Trevor Carbin 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 1 – 8) of the Agenda refers).

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

To consider and determine an application for a Premises Licence by Pakeerathan Balakrishnan in respect of Abbey Food City, 4 Market Cross, Malmesbury, Wiltshire, SN16 9AS.

Application by PakeerathanBalakrishnan for a Premises Licence at Abbey Food City, 4 Market Cross, Malmesbury, SN16 9AS.

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 Mr Suresh Kanapathi on behalf of the Applicant Mr Pakeerathan Balakrishnan were:

·               The applicant has previous experience working in a retail environment where alcohol is sold.

·               The applicant lives locally.

·               The applicant is a local employer who trains staff of their legal obligation to prevent the sale of alcohol to minors and those already intoxicated.

·               The applicant was willing to amend their application to permit the sale of alcohol to 2200 rather than 2300. 

Key points raised by those who made a Relevant Representation (Mr Bill Sykes)were:

·               Fear of damage to a grade one listed structure which is located outside of the premises. 

·               Local anti-social behaviour causing distress to residents.

·               The opening hours are inappropriate.

All parties were given the opportunity to ask questions of the Applicant, and those who made a Relevant Representation and Wiltshire Council Officers.

The Sub Committee members sought clarification on some points including the hours of operation of other licensed premises in the area and previous anti-social behaviour in the area before retiring to consider the application and were accompanied by the Solicitor for Wiltshire Council and the Democratic Services Officer.

The Sub Committee then retired to consider the application at 14:30.

The Hearing reconvened at 15:00.

Following the deliberations of the Sub Committee Members, the Solicitor for the Council made a statement of material legal advice given in closed session as follows:

No legal advice was required.

The Sub Committee considered all of the submissions made to it and the written representations together with the Licensing Act 2003, Statutory Guidance and Regulations and the Licensing Policy of the Council

Decision:

The Northern Area Licensing Sub Committee has resolved to grant the application for a Premises Licence for Abbey Food City, 4 Market Cross, Malmesbury, Wiltshire, SN16 9AS with the provision detailed below:

And subject to the following additional or varied conditions:

1.   CCTV equipment will be installed and fully maintained to cover all trading areas, entrancesand exits when the premise is open to the public. The CCTV will be ofsufficient quality so asto produce images which enable identification; images will be securely stored for a minimum of 28 days. CCTV images will be produced to a Wiltshire Council Officer or Police  ...  view the full minutes text for item 5.