Agenda, decisions and minutes

To elect a Chairman for the meeting of the Sub Committee.

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.

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

There were none.

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). 

The documents referred to in the Reports were;

Appendix 1 - Application & Plan

Appendix 2 and 2a

Appendix 3 - Location Plan of Premises

Appendix 4 – Map

Appendix 5a to 5i – Representations

Appendix 6 - Map of Representations

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

The procedure to be followed in the Hearing is governed by the Licensing Act 2003 (Hearings) Regulations 2005. Regulation 14 provides that hearings should be held in public unless the Licensing Authority considers that the public interest in excluding the public outweighs the public interest in the hearing taking place in public. Under this principle, the Licensing Authority can exclude the public from all or part of the hearing, as considered appropriate. In view of the representations and evidence that has been submitted, the Sub Committee is asked to consider whether the public should be excluded from any part of the

hearing in this instance.

The Chairman considered a request to view part of the photographic and video evidence provided in a closed session, due to there being some members of the public caught on film, which had not given consent to this footage being shown in public.

Resolved:

The Southern Area Licensing Sub Committee agreed to enter into closed session for part of the hearing, solely to view the footage containing members of the public, as governed by the Licensing Act 2003 (Hearings) Regulations 2005. 

To consider and determine an Application for a Variation of a Premises Licence by Keystone Entertainment Ltd, in respect of The Bank Cocktail Lounge & Events, 18 High Street, Amesbury, SP4 7DN.

Application by Keystone Entertainment Ltdfor a Variation to the Premises Licence at The Bank Cocktail Lounge & Events, 18 High Street, Amesbury, SP4 7DN.

The Sub Committee gave consideration to a report (circulated with the Agenda) for which determination  was sought to vary the Premises Licence presented by the Licensing Officer, Carla Adkins who introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.

A valid application for Variation was received on 2 December 2019, which requested:

·       To remove the current condition that stated the entrance shall be relocated to the side door.

·       To include a condition that the front entrance could be used when there was no recorded music or live music performed on the ground floor otherwise the side entrance must be used.

·       To include a condition that the first floor be limited to background music only.

·       To update floor plans (by removing a wall on the ground wall and moving the location of the bar on the first floor).

Seven relevant representations had been received, as detailed in the summary included on pages 11 & 12 of the agenda.

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 the Applicant were:

The application sought to achieve four things which were inter-linked and reliant on each other.

Responses to the concerns highlighted in two of the representations had been provided and circulated.

The consultation started on 3 December, and Environmental Health did not respond until a day before that period closed.

The applicant had since met with the Environmental Health Officer and offered some compromises.

The applicant had a close relationship with the Police.

Three points were proposed which could be added to the conditions of the operating schedule, these were:

1.     Smoking not permitted at front of property. An application to Planning to amend the condition would be made.

2.     The front door would only be in use until 22:00 hours.

3.     The front door would not be used when any licensable activity was taking place. 

Using data from the ID scanner, it showed there had been over 20,000 people visit over last 18 months.

The upstairs area had seating for 15 and the opportunity for a further 15 people to stand around the bar.

The applicant admitted t they  made use of the front door, and were  picked up on this and have apologised and the action will not be repeated. . This occurred when the premises was  in use for a private party and not for public entry, and no regulated entertainment was taking place.

The applicant stated they have also used the door for emergencies such as ejecting  a person misbehaving.

In term of the general nightlife in Amesbury, and the front entrance being the most contentious part of the application, the applicant stated he struggled to  ...  view the full minutes text for item 7.