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 Principal Licensing Officer and the Democratic Services Officer. The Legal Advisor set out the hearing procedure and all parties in attendance, agreed that the procedure was understood.
The Principal Licensing Officer presented the application received from Environmental Health at Exeter City Council, which sought a review of the Premises Licence held by Heavitree Social Club. The review application had been advertised and circulated as required by legislation and referenced the licensing objective of the prevention of public nuisance. A number of Environmental Health officers had been involved with various complaints in relation to the premises and a number of recordings of noise complaints had been taken, which was presented at the meeting. The last date for representations was 5 September 2022 and 14 representations had been received from local residents, with an additional representation received from Environmental Health.
The Application for a review of the premises referenced the licensing objective for the prevention of public nuisance, on the following grounds:-
· Nuisance witnessed at the premises;
· Internal and external loud music; and
· Loud external activities, such as the splash pool.
Members noted that a number of Environmental Health Officers had witnessed noise nuisance at the premises and a resident had submitted a witness statement of the public nuisance at the location. Noise analyses recordings had been taken and the analytics of the recordings had been submitted as part of the agenda report. Environmental Health had also submitted a witness statement and submitted additional recordings of the noise recorded from complainants.
Members also noted that a representative for the Premises Licence Holder had requested a time extension for when the hearing was to be heard to allow discussions between the parties in respect of the matters raised. The Licensing Authority had considered it to be in the public interest to extend the statutory time period and had been agreed with other parties.
The Principal Licensing Officer advised that late submission documents, which included an acoustics report, photos, and statement from the Designated Premises Supervisor and supporting statements had been received and circulated to all parties.
The Applicants were in attendance and spoke in support of the review and responded to questions from Members, the legal advisor and the respondents. Two local residents who had made representations, were also in attendance to speak on the matter and responded to questions from Members, the legal advisor and the respondents. The respondents on behalf of the premises and their legal advisor were also in attendance, speaking in support of the premises and responded to questions from all parties.
All parties made a final statement and were advised that a decision notice would be issued within five working days of the hearing. The Legal Advisor stated that the parties had a right of appeal against the decision notice 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 to modify the conditions on the Premises Licence as set out in the formal decision notice attached.