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 Trevor Carbin as Chairman for this meeting only.

Details were given of the exits to be used in the event of an emergency.

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

To consider and determine an Application for a Variation of a Premises Licence by Mrs Jemma Kemaneler in respect of Eastern Chillout, 99 Fisherton Street, Salisbury, SP2 7SP

Application by Mrs Jemma Kemaneler for a Variation of a Premises Licence at Eastern Chillout, 99 Fisherton Street, Salisbury, SP2 7SP

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 and those who had made a Relevant Representation were given the opportunity to address the Sub Committee.

Key points raised by Mrs Jemma Kemaneler, Applicant were:

·               The applicant wishes to expand and enhance the current offer of the restaurant by offering an experience not only a meal, and the extension of live music and dance performances would add to atmosphere.

·               There had been a single complaint from a previous performance of live music, and in future all music would be acoustic in nature as it was more in keeping with the intended quiet atmosphere preferred by existing clientele, and would not disturb neighbouring properties, as the applicant would take measures to consult neighbours where a performance was planned.

·               The extension to the premises area was to take advantage of the large garden of the property and permit occasional events to take place, and extended times were to permit flexibility and not to rush people out the door; there were no plans to regularly hold events late at night.

·               The property had previously been a public house, so nearby residents were used to a certain amount of activity in the garden of the property, which was also a city centre property used to a certain amount of noise.

Key points raised by the Responsible Authority, Mr Peter McMillan of Wiltshire Council, Environmental Health) were:

·               The lack of sufficient noise suppression for ‘The Barn’.

·               The sheer proximity of neighbouring residential properties, and impact of events outside the current restaurant area from smell and in particular noise leading to public nuisance.

·               The application for extension to hours on every day of the week, leading to potential of extensive disruption.

The parties were given the opportunity to ask questions of the Applicant and Responsible Authority. A debate ensure in which the Sub Committee discussed points including the following:

·               The insulation of the structure known as ‘The Barn’, which in an update to the papers did now contain doors, but had not been assessed for noise cancellation.

·               The impact of even light music on the outdoor structures and tents given the closeness of residential properties.

·               Intended operation with extended hours and frequency of dance and music performances.

The Sub Committee members sought clarification on some points before retiring to consider the application and were accompanied by the Solicitor for Wiltshire Council and the Democratic Services Officer.

The Sub Committee then retired to consider the application at 1130.

The Hearing reconvened at 1300.

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

That no specific legal guidance had been  ...  view the full minutes text for item 5.