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Agenda, decisions and minutes

Venue: The Enterprise Network, (The old Fire Station), Salt Lane, Salisbury, SP1 1DU

Contact: Lisa Moore 01722 434560 Email: lisa.moore@wiltshire.gov.uk 

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 Ian Thorn as Chairman for this meeting only.

2.

Apologies for Absence/Substitutions

To receive any apologies for absence and to note any substitutions.

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.

Licensing Application

To consider and determine an Application for a New Premises Licence by Malthurst Limited in respect of MRH Durrington, Larkhill Road, Durrington, Salisbury, SP4 8DP.

 

Minutes:

Application by Malthouse Ltd for a Premises Licence at MRH Durrington, Larkhill Road, Durrington, Salisbury, SP4 8DP.

 

The Licensing Officer, Hannah Hould introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.

 

On 5th March 2019 an application for a new premises licence was received

and accepted as a valid application.

 

The application was for Late night refreshment indoors and outdoors on Monday to Sunday from 23:00 – 05:00 hours, and Sale by retail of alcohol (Off Sales) on Monday to Sunday from 00:00 – 24:00 hours.

 

Details of two other licensed premises within the vicinity were provided.

 

During the consultation period one relevant representation was received from a local resident.

 

No representations had been received from a responsible authority.

 

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.

 

It was clarified that the person who had made relevant representation was Mr Graham Wright, as a local resident of Durrington, and not in his capacity as local or ward Councillor. Accompanying him was Mr David Healing, a member of the Town Council, who was not speaking at the meeting.

 

Applicant

Key points raised by Robert Botkai and Matt Fairbairn of Malthouse Ltd on behalf of the Applicant were:

 

·            The site was owned by MRH who had around 350 petrol stations. They merged with the Motorfuel Group and now had a combined empire of over 800 petrol stations, almost 150 of those were licensed 24hr stations. After MRH had merged with the Motorfuel Group senior members of staff (managers)  were instructed to put in further applications for a further 160  sites held by the Company that either didn’t have licenses or whose licences  due to expire. In other licensing areas most of those applications for licences were approved with only those where residents objected proceeding to a hearing.

 

·            They accept that even one  objection results in a hearing unless that objection could be resolved and  Mr Botkai did write to Mr Wright to see if the objection could be resolved but Mr Wright indicated that he did not wish  to negotiate and hence the need for a hearing.

 

·            Mr Wright spoke to Mr Botkai  outside and stated that he would have no objection to the sale of alcohol during the hours of 0600 TO 2300 hrs  but his only objection was  to the night time hours after 2300 hrs .  Currently the moment the garage operates 0600 TO 2300 hrs  .

 

·            The applicant  applied for a 24hrs licence and it is important in their view to note that the officers, police, public health and fire, have not objected. If the Police did not object this shows that there had not been a history of nuisance at this site, otherwise they would have objected.

 

·            The  Government guidance  states that shops should be able to sell alcohol during hours to match their trading  ...  view the full minutes text for item 6.

7.

Report

Supporting documents:

8.

Appendix 1 - Application Form

Supporting documents:

9.

Appendix 2 - Site Plan

Supporting documents:

10.

Appendix 3 - Relevant representation

Supporting documents:

11.

Appendix 4 - Location Plan

Supporting documents: