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 Kevin Daley as Chairman for this meeting only.

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

There were no apologies or substitutions.

The Chairman notified all those present at the meeting that it was not being recorded by Wiltshire Council, but that the meeting could be recorded by the  press or members of the public.

The Chairman reminded those present that any speakers that wished to remain and make a statement to the Sub Committee would be giving consent to there being the possibility that they would be recorded presenting this.

It was noted that those that had made a representation would not be identified by name within the minutes.

The Chairman then asked if anyone present wished to withdraw from the meeting.  All parties confirmed they wished to remain in and take part in the Sub Committee hearing.

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” as set out in the Agenda.

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

To consider and determine an application for a Review of a Premises Licence in respect of The Cuckoo Inn, Hamptworth, Salisbury SP5 2DU made by Wiltshire Councils Environmental Control and Protection.

An application for the Review of the premises licence for The Cuckoo Inn, Hamptworth, Salisbury SP5 2DU has been made by Wiltshire Councils Environmental Control and Protection.

Licensing Officer’s Submission

The Sub Committee gave consideration to a report (circulated with the Agenda) in which determination was sought for an application for a Review, presented by Katherine Edge (Public Protection Officer – Licensing) for which 8 relevant representations had been received. 

It was noted by the Sub Committee that there were five options available to them:

i) To modify the conditions of the licence.

ii) To exclude a licensable activity from the scope of the licence.

iii) To suspend the licence for a period not exceeding three months.

iv) To revoke the licence.

v) To determine that no steps are necessary

The following parties attended the hearing and took part in it:

On behalf of the Applicant – Environmental Health

·       Katherine Fowler, Environmental Health Officer

Relevant Representations

·       Rep 1 - local residents in objection to the application

·       Rep 2 - local residents in support of the application

·       Rep 3 – not in attendance – letter read by Rep 2

·       Rep 5 - local residents in support of the application

·       Rep 6 - local residents in support of the application

·       Rep 7 – Cllr Zoe Clewer, Wiltshire Council Divisional Member

·       Rep 8 - local residents in support of the application

On behalf of the Licence Holder

·       Mr Sasha Moussaieff – Lease Holder & Director of Eagle point Unlimited

·       Mr Nikolaos Amplianitis – Designated Premises Supervisor (DPS)

The Chair advised that the written representations had been read and considered by the members of the Sub Committee in advance of the meeting.

The Chair invited the Applicant to introduce their application.

Applicant’s submission

The Applicant Katherine Fowler, Environmental Health Officer, noted that a Review of the licence had been requested due to conduct which had resulted in a failure to uphold one of the licensing objectives, namely, the Prevention of Public Nuisance. Further points raised included:

·       A failure to comply with conditions attached to the premise licence, in particular the Noise Management Plan

·       A lack of confidence in the management of noise monitoring following outside events in July and Sep

·       The proximity of residents and the impact of rock/harsh music on them

·       The Premises had consulted a licensing solicitor and a noise consultant

·       A lack of confidence in the ability to manage future events in accordance with the conditions on the license and to uphold the Licensing Objectives.

·       A request to restrict the number of events annually to two Beer Festivals (May and September) with no amplified music on Sundays (Music outside to be restricted to 22:30hrs)

·       With scope for a maximum of four further events with amplified music, with a maximum of one per month (Music outside to be restricted to 21:00hrs)

Sub Committee Member’s questions

In response to Members questions the following points of clarification were given:

·       Noise readings were taken by Environmental Health in July and September 2022 following complaints.

·       Music  ...  view the full minutes text for item 6.