Agenda, decisions and minutes

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

Resolved:

To elect Councillor Desna Allen as Chairman for this meeting only.

The Chairman will explain the procedure for the meeting, including the procedure for the hearing of the application itself, as set out on pages 1-8.

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 made by SN15 Leisure Ltd in respect of SN15, 17a Station Hill, Chippenham.

Application for a Premises Licence made by SN15 Leisure Limited in respect of SN15, 17a Station Hill, Chippenham

Councillor Desna Allen, Chairperson, welcomed those present and asked all to introduce themselves.

She reminded those present that this application had been made pursuant to the grant of a Provisional Statement by the Licensing Authority in April 2013. As such, section 32 of the Licensing Act applied. This meant that representations on any subsequent application for a premises licence may be excluded in the circumstances set out in that section.

The Chairperson stated that the Applicant had previously indicated that, in their view, all of the representations that had been received on this application should be excluded, by virtue of section 32, and could not be taken into account by the Licensing Authority. This had been disputed by the Police, who argued that their representations were not excluded and should, therefore, be taken into account.

The legal representatives for both the Applicant and the Police had provided brief submissions, setting out their legal arguments on this point.  It was proposed, therefore, to consider the issue of the admissibility of representations as a preliminary point.

The advocates for the Applicant and the Police were then invited to address the Sub Committee on this point.

Philip Kolvin (PK), QC for the Applicant

On behalf of the Applicants, PK stated that they were not now seeking to exclude the representations made as they did not wish to shut out the views of the local residents.  He confirmed that the Applicants had an issue with the representation from Wiltshire Police but stated that the Applicant would be prepared to proceed to the substantive hearing of the application.

Guy Ladenburg (GL), Counsel for Wiltshire Police

GL stated that the Applicants were arguing that the Police were attempting a “second bite of the cherry” and were making representations on the same information as at the provisional statement stage.  It would be the Police’s case that this was not so. They felt that there had been a material change in circumstances in that the management of the premises had changed now that it had come forward as a full licence application.  There was a proposed new management structure to be put in place which gave a great deal of uncertainty and about which the police had serious reservations.

The background of these premises gave the Police cause for concern as the previous licence holder had had the licence revoked because of the serious problems with crime and disorder.  The Police would wish for there to be a robust management structure in place to protect the local residents.  Their view was that the proposals from the provisional statement had changed and that the new people proposed for the roles were not acceptable.  The high level of investment in the premises required was not evidenced.

Paul Taylor, Solicitor for Wiltshire Council clarified with both parties that they were happy not to debate the admissability of representations and proceed straight to the  ...  view the full minutes text for item 5.