Agenda, decisions and minutes

To elect a chairman for this meeting only.

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

Resolved:

To elect Cllr Richard Beattie as Chairman, for this meeting only.

The Chairman will explain the attached procedure for the members of the public present.

The Chairman outlined the procedure for the meeting, and all those present introduced themselves.

There were no announcements.

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

There were no declarations of interest.

To consider and determine an application in respect of Stratford Social Club, Salisbury - Application for a Club Premises Certificate.

Application for a Club Premises Certificate for Stratford Social Club, Salisbury

The Chairman began by inviting the Licensing Officer to outline her report and state the details of the application.

The Licensing officer introduced her report. A correction was needed as on New Year’s Eve, live music was only required from 19:00 – 0030, rather than 01:30 as previously stated.

Mrs Burnett, the applicant and also Mr W.J.Weekes, speaking on behalf of the social club were then given the opportunity to summarise their views.

The Sub-Committee then retired to consider the application at 10:20.

During their deliberation the Sub-Committee members were accompanied by the Solicitor for Wiltshire Council and the Democratic Services Officer.

Following the deliberations of the Sub-Committee the Solicitor for the Council made a statement of the material legal advice given in closed session

Meeting reconvened at 11:02

Following the deliberations of the Sub-Committee the Solicitor for the Council made a statement of the material legal advice given in closed session, as follows:

The Sub-Committee must decide if there is a real possibility that one or more of the licensing objectives will be undermined, based on the evidence presented to it. If they feel on the evidence supplied before the Sub-committee that there is no reason to believe that any of the licensing objectives would be undermined by the granting of the application, they should accept the application as it stands without additional conditions.

The Sub-committee RESOLVED:

To grant the licence, as applied for, save for the addition of the mandatory conditions and conditions that are consistent with the operating schedule.

Reasons:

The Sub-committee considered the application and the statements made in support by Mrs Burnett and Mr Weekes, together with the letter of objection from the Camping and Caravan Club

The Sub-committee is obliged by section 18 of the act to consider the objection and the likely effect of this application on one or more of the licensing objectives as set out in section 4) of the Licensing Act 2003.

The letter of objection is essentially an objection based on the potential problem of noise nuisance. Specifically the letter refers to “the noise disturbance which will be caused to our campers”. Nobody from the Caravan Club attended to give oral evidence, and the letter itself contains no supporting evidence for the assertion that disturbance will be caused. 

The Sub-committee is required to assess whether or not the application presents a real possibility of one or more of the licensing objectives being undermined. In the absence of any supporting evidence the Sub-committee does not consider itself entitled to speculate on the possibility of future problems.

Indeed in this instance the Sub-committee takes account of the guidance issued under section (182) of the act, which discourages a Sub-committee from considering in the licensing decision matters which fall under other legislation.

Representatives of the Social Club have indicated that they have turned their mind to potential problems by stating in their oral evidence that the new property will include  ...  view the full minutes text for item 5.