Agenda and minutes

To appoint a Chair for the meeting.

Councillor Newby was appointed Chair for the 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)

Application under section 51, Licensing Act 2003 to review the premises licence of The Showman, 54 Cowick Street, Exeter EX4 1AP.

Decision of the Licensing Sub-Committee sitting at The Civic Centre on Wednesday 2 June 2010 at 0930hrs

Mr and Mrs Tsouris     : Applicants for a Review

Representing the Showman:

Mr Jim Pope                : Regional Manager, Enterprise Inns

Mr David Layfield         : Manager, The Showman

Mr Richard Taylor       : Solicitor for Enterprise Inns 

Representing the Licensing Authority

Ms Lisa Cocks                                    : Senior Environmental Health Officer

Mr Steve Cockram                  : Environmental Health Technician

The Chair introduced the Sub-Committee Members and Officers.

Application for Review

A representation for a review of the premises licence had been received from a Responsible Authority Environmental Health Services at Exeter City Council and an Interested Party, Mr and Mrs D J Tsouris, 53 Cowick Street (next door to the premises), for the reason that the Licensing Objectives relating to Prevention of Public Nuisance, the Prevention of Crime and Disorder and Protection of Children from Harm were not being adequately promoted..

In attendance for the Applicants were Lisa Cocks, Senior Environmental Health Officer and Wayne Cockram, Environmental Health Officer and Mr and Mrs Tsouris. Following the application for a review Environmental Health Services entered into discussions with premises licence holder and agreed conditions to be attached to the licence to promote the Prevention of Public Nuisance. 

The Interested Party, Mr and Mrs Tsouris read a prepared statement of their evidence to the hearing, a copy of which is appended to this notice. Mrs Tsouris added that she wished to add the Protection of Children from Harm to the objectives not being promoted as she was expecting a baby in a few weeks time.

The Responsible Authority, Environmental Health Services, had circulated a report setting out their evidence, a copy of which is attached.

At the hearing, Lisa Cocks referred to conditions agreed with the Respondent. The two means of reducing noise were a) works to the building such as cladding and b) attaching a noise limiter to the source of the noise. Lisa Cocks advised that the position of the speakers should be investigated as their location -could impact on the noise  attenuation. It was suggested that the proposed second condition be amended to require the playing of music from the juke box to be through a noise limiter. The recommendation was that there should be no live or recorded music at the premises until the noise limiter was installed and an acoustic survey carried out.

One of the conditions proposed that customers should be prevented from using the rear smoking area after 2300hrs seven days a week. To further reduce congregation in this area Lisa Cocks suggested that the seating could be removed after 2300hrs as it was a management responsibility to ensure that customers did not congregate. The Interested Party stated that it would wish the seats to be permanently removed. It was noted that the seats were attached  ...  view the full minutes text for item 22.