Agenda and minutes

          Resolved – That Councillor Michael Bray Chair this meeting of the Panel.

(Councillor Bray took the Chair.)

The Panel considered (a) a report of the Council’s Licensing Manager setting out details of an application for a Review of the Premises Licence for Abby’s, 147 Manchester Road, Swindon, SN1 2AF, (b) written representations from Wiltshire Police in support of the review, (c) additional written representations supporting their application for a review received from Wiltshire Police, (d) a written submission supporting the review, submitted by Wiltshire Police from Councillors Julie Wright and Robert Wright, (e) oral submissions in support of the application for a review received from Jacqueline Gallimore (Acting Police Licensing Manager), Councillor Julie Wright (Ward Councillor), Councillor Bob Wright (Ward Councillor), PC Diffin, PC Mclaren, PC Rutherford, in support of the Police Objection, (f) oral submissions received opposing the application for review from Messrs Britton and Ioannov (Devereaux Solicitors) solicitor to the applicants, Mr Arumgam Raveendrum (Premises Licence Holder), Mrs Kavitha Sathiyathevan (Designated Premises Supervisor pending determination of her application), Mr Thakkna and Mr Sathiyathevan, (g) additional papers submitted by the Police relating to Police Storm logs, Regina v Tagg case law and Blackstones’s Handbook for Policing Students, (h) additional papers submitted by Devereaux’s solicitors relating to training records for Abbys staff and a petition and letters from members of the public opposing the closure of the store, (i) CCTV footage, (j) questions from Members to the applicants and objectors and answers received, and (k) the Council’s procedure for licensing hearings, the Secretary of State’s Guidance and the Council’s Statement of Licensing Policy.

Prior to the commencement of the submissions the Licensing Manager asked if all parties had all the correct paperwork as there was additional papers since the printing of the report. The Panel considered

(1) The letters and petition against the closure of the store and determined that these would not form part of its deliberations as the alleged sale of alcohol to a drunk women and breaches of the Licensing conditions needed to be considered and determined in their own right.

(2) That Police references to a previous review and a Cumulative Impact Policy would only be considered as background information supporting the Police Review as they had no direct bearing to the reasons for review submitted by the Police.  The Licensing Manager confirmed that the reason they were within the papers was because it formed part of the review application by Wiltshire Police which had already been advertised and was in the public domain.

The Police case for a review and summary raised points can be broadly summarised as follows:

·       That the Police case was in line with the Licensing Act, Section 182 Guidance and the Council’s Statement of Licensing Policy.

·       The facts were as set out in the Police Review on pages 14 to 17 of the agenda papers.

·       Comments from Councillors Bob and Julie Wright concerning alleged incidents of Street Drinkers being provided with alcohol from people leaving Abbys Store and the effect it has on Crime and Disorder and Public Nuisance within the locality  ...  view the full minutes text for item 6.