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Agenda and minutes

Venue: Alamein Suite - City Hall, Malthouse Lane, Salisbury, SP2 7TU. View directions

Contact: DSO Lisa Moore 01722 434560 

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 Simon Jacobs 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 none.

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 1 – 6 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.

Exclusion of the Public

To agree that in accordance with section 100A (4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item no. 6 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

 

Paragraph 1 - Information relating to an individual

Minutes:

Resolved:

 

That, in accordance with Regulation 14 of the Licensing Act (Hearings) regulations 2005 the public be excluded from the hearing as the public interest in so doing outweighed the public interest in the hearing taking place in public.

 

7.

Licensing Application

To consider and determine an Application for a Personal Licence.

 

Minutes:

Application for a Personal Licence.

 

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 were given the opportunity to address the Sub Committee.

 

Key points raised by the Applicant, were:

 

  • He had taken on the tenancy of a business in Blackpool in 2012 after purchasing the leasehold, to include goodwill and future bookings, which did not later materialise.

 

  • He had paid his landlord for the renewal of the licence for the forthcoming year. He had enquired in October 2012 to the local council, as to the licence situation, where he was advised that he should have it transferred from the landlord to himself and his wife.

 

  • In December 2013, he received a request from the previous owner for a fee to renew the licence. He then decided to scale down the business and continued to pay the fee in 2014 and 2015.

 

  • A visit from a licensing officer was carried out to his surprise due to non-payment of the licence fee. After this he withdrew the bar facilities.

 

  • He was fined by the local authority for the sale of alcohol, which was in breach of his licence.

 

  • He and his wife had then decided to seek pastures new because they had outgrown the premises.

 

  • He had sat and passed the MPH exam.

 

  • He and his wife had spent time and money in the new venture at licensed premises in Wiltshirewhich had been closed for some time. They had worked to get the premises up and running, with the aim of making it a community venture, which he hoped would involve the whole village.

 

  • The previous landlord at the premises lived next door and continued to hold the premises license.

 

Key points raised by the Responsible Authority, Wiltshire Police, were:

 

 

  • Part of application process involved Wiltshire Public Protection department informing the Police Licensing team when an offence might have been committed, to enable them to investigate.
  • The applicant had received four fines, relating to licensable activities

 

1.      

 

  • As there had been four offences, attention was drawn to legislation in the Rehabilitation of Offenders act. Where it states that if an adult has a fine of a period of over 1 year that this must be declared for a period of one year.

 

·       3 of the offences related to a single date in 2016 – Following a licensing inspection which had been carried out. The Applicant had then been present and confirmed he was the owner.

 

·       The Applicant agreed that he had been selling alcohol during that period.

 

·       He had been advised by the head of Licensing that as he had been unable to contact the previous owner he should obtain his own license. He then confirmed he had been booked on a course for a personal licence. However, he did not attend such a course until later in 2016.

 

·       Letters of suspension were  ...  view the full minutes text for item 7.

 

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