Agenda and minutes

Councillor Warwick was appointed as Chair for this meeting.

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of 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 Service Lead - Environmental Health & Community Safety.

The Chair introduced the Members of the Licensing Sub-Committee together with the Legal Advisor, Apprentice Solicitor, Principal Licensing Officer, Senior Licensing Officer and the Democratic Services Officer. The Apprentice Solicitor set out the hearing procedure and the Applicant, who was in attendance, agreed that the procedure was understood.

The Principal Licensing Officer presented the application to grant a new premises

Licence at the Old Fire Station, 10 Fore Street, Topsham Exeter, and Devon, EX3 0HF for a brewery and a tap room, for the times as set out in the report.

The application included a plan of the premises and the Applicant had included additional conditions in the Operating Schedule of the application to promote the Licensing Objectives. It was confirmed that the application had been advertised on the premises and in the local newspaper in accordance with the requirements of the Licensing Act 2003, with the last date for representations being 31 July 2023.

It was confirmed that two representations had been received, with an objection from a local resident in relation to the licensing objectives for the prevention of children from harm, prevention of public nuisance, public safety and prevention of crime and disorder.  The Principal Licensing Officer read out the objection from the local resident as she was unable to attend. It was noted that an objection from the Devon and Cornwall Police was subsequently withdrawn as conditions were agreed with the Applicant. The proposed conditions were attached as Appendix D to the report.

No other representations had been received from any other Responsible Authority. 

The Applicant spoke in support of their application and responded to questions from Members the Apprentice Solicitor and the Legal Advisor.

The Apprentice Solicitor advised the Licensing Sub-Committee in respect of the relevant parts of its Statement of Licensing Policy and the Home Office Guidance issued by the Secretary of State.

All parties present were advised that a decision notice would be issued within five working days of the hearing and stated that the parties had a right of appeal against the decision to the Magistrates Court within 21 days of being notified of the decision.

The meeting was closed so that the Members could determine the application.

RESOLVED: that the application be granted as applied for, subject to conditions for the reasons set out in the formal decision notice attached.

To consider the report of the Service Lead - Environmental Health & Community Safety.

The Chair introduced the Members of the Sub-Committee together with the Legal Advisor, the Apprentice Solicitor, the Principal Licensing Officer, Licensing Officer,  and the Democratic Services Officer. The Apprentice Solicitor set out the hearing procedure and all parties in attendance, agreed that the procedure was understood.

The Principal Licensing Officer presented the application to grant a new premises licence in respect of Portal Pizza, 36 Magdalen Road, Exeter EX2 4TA. The application sought a licence to operate as a pizza restaurant with a focus on quality pizza and craft beer for the times presented in the report.

The application included a plan of the premises and the Applicant had included additional conditions in the Operating Schedule of the application to promote the Licensing Objectives. The application had been advertised on the premises for 28 days and in the local newspaper as required by legislation with the last date for representations being 31 July 2023.

It was confirmed that two representations had been received, with an objection from a local resident in relation to the licensing objectives for the prevention of children from harm, prevention of public nuisance, public safety and prevention of crime and disorder.  The objection from the Devon and Cornwall Police was withdrawn as conditions were agreed with the Applicant.  These conditions were set out in Appendix D to the report.

No other representations had been received from any other Responsible Authority. 

The Applicant was in attendance and spoke in support of their application and responded to questions from Members, the Legal Advisor and the Respondent who was in attendance. The Respondent spoke on the matter and also in reply to questions from the Applicant, Members and the Legal Advisor.

The Apprentice Solicitor advised the Licensing Sub-Committee in respect of the relevant parts of its Statement of Licensing Policy and the Home Office Guidance issued by the Secretary of State.

All parties were advised that a decision notice would be issued within five working days of the hearing and that the parties had a right of appeal against the decision to the Magistrates Court within 21 days of being notified of the decision.

The meeting was closed so that the Members could determine the application.

RESOLVED: that the application be granted as applied for, subject to conditions for the reasons set out in the formal decision notice attached.