Venue: Bad Homburg Room, Civic Centre, Paris Street, Exeter. View directions
Contact: Mark Devin, Democratic Services Officer (Committees) Telephone 01392 265477 or email firstname.lastname@example.org
Appointment of Chair
To appoint a Chair for the meeting.
Councillor Foale was appointed as Chair for this meeting.
Declarations of Interest
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 Licensing Sub Committee considered two preliminary matters:-
· The Application Plan was missing detail of the points of access and egress; and
· The Premises Notice attached to the application did not contain the proposed times of licensable activity, and therefore had not complied with Regulations 25 and 26 of Licensing Act 2003.
The Applicant confirmed the points of access and egress on the plan in accordance with Regulation 23 of Licensing Act 2003 and confirmed that a link had been added to the premises notice, which provided the times for the licensable activity and presented a copy of the notice to Members.
The meeting was adjourned so that the members could deliberate on the preliminary matters. Members considered that both errors were minor and did not consider there to be any prejudice or present any injustice to any parties. Members were satisfied to proceed with the meeting and the Applicant returned to the room.
The Chair introduced the Members of the Licensing Sub-Committee together with the Legal Advisor, the Licensing Officer and the Democratic Services Team Leader. The Legal Advisor set out the hearing procedure and the Applicant, who was in attendance, agreed that the procedure was understood.
The Licensing Officer presented the application for a new premises license at ‘Grow Coffee House’, Concord House, 70 South Street, Exeter, which was adjoined to a Cumulative Impact zone. The Application was seeking to provide regulated entertainment and the sale of alcohol for the times presented in the report.
Four representations had initially been received from the public and Devon and Cornwall Police, objecting to the application in relation to the licensing objectives for the prevention of public nuisance, public safety and prevention of crime and disorder. Three of the representations had since been withdrawn, following agreement of conditions to the licence. Therefore only one representation remained to be considered by the Licensing Sub-Committee.
The Licensing Officer confirmed that the Application had been advertised on the premises and in the local newspaper in in accordance with the requirements of the Licensing Act 2003. Members noted that the applicant had not applied for live music as in the event the Licence was granted the Applicant wished to rely on the provisions of the Live Music Act 2012
The Applicant spoke in support of the Application and responded to questions from Members and the Legal Advisor. The respondent was not in attendance.
Particular reference was made to the conditions that had been agreed with the Police and that the Applicant had contacted all the respondents to notify them of the agreed conditions.
The meeting was closed so that the members could determine the application.
RESOLVED that the application be granted subject to the conditions set out in the Operating Schedule of the Application and as agreed with the Police in Appendix I of the report, for the reasons set out in the formal decision notice attached.