Agenda and minutes

To appoint a Chair for the meeting.

Councillor Branston was appointed Chair for this meeting.

Councillors are reminded of the need to declare personal and prejudicial interests, including the nature and extent of such interests, in relation to business on the agenda, before any discussion takes place on the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

No declarations of interest were made by Members.

To consider the report of the Head of Environmental Health Services.

(Report circulated)

In attendance:

Applicants for a Review

Ms Helen Samways

Mr Lee Nattrass

Mr Dampney

Dr Wiggins

Ms V. Wells     

Representing JD Wetherspoon (Respondents)

Ms Melinka Berridge   :  Senior Licensing, Planning and Regulatory Solicitor

Mr Kris Dungey          : General Manager SW England and Wales

Mr Martin Cumiskey    :  Designated Premises Manager

Mr James Honour       :  Area Manager for Devon

Representing Exeter City Council

Mr John Leech                                : Environmental Health Manager

The Chair introduced the Sub Committee Members and Officers. Prior to the meeting Ms Samways circulated a written submission that related to her application for a review. All parties and the Members read this document and accepted it as read.

Ms Samways

Helen Samways stated that she had requested changes to the conditions to prevent use of the beer garden area beyond 23.00hrs to safeguard the rights of the residents. She referred to the written statement which detailed the issues under consideration. Neither the Sub Committee Members nor the Respondents had questions to put to the Applicants.

Mr Dampney

Mr Dampney stated that his experiences in relation to the running of the premises related to day time rather than the night. Mr Dampney stated that the staff employed tended to be young people and he questioned whether they were mature enough to make decisions.

The Environmental Health Manager reported that the application for a review related to noise within the grounds of the Imperial after 23.00 hrs, from people smoking and/or drinking. The Environmental Protection Section has received 8 complaints regarding noise from the Imperial since the beginning of 2008.  These complaints had all been received during the summer months (May to July), with the exception of one complaint regarding street noise from people leaving the premises. This had been received on 7 October 2008, after the application for review.

Following complaints in the summer, a residents’ meeting had been held by J D Wetherspoon on 21 July 2008.  Although the company had intended to distribute the minutes from this meeting, it was accepted that this did not happen. An action plan, addressing the concerns raised by the residents, has been produced and implemented by J D Wetherspoon which had been circulated to residents.

The Environmental Health Manager reported that officers were satisfied that J D Wetherspoon were addressing the issues raised in the action plan and submitted recommended conditions to the Sub Committee for consideration.

Respondents

Ms Berridge apologised to the Sub Committee for taking up their time and to the neighbours. Ms Berridge stated that the company had put in place immediate steps to address the concerns raised.

Actions already taken

The company had met those residents who had complained to ensure that all information was available. A pre-meeting had been arranged with Ms Samways and Mr Nattrass at the premises and Ms Lisa Cocks of the Environmental Protection Section which had proved very beneficial. An action plan had been devised and implemented. All parties had indicated that they were satisfied with the measures proposed.

The details of the  ...  view the full minutes text for item 72.