Agenda and minutes

Licensing Act 2003 Sub-Committee 1 - Friday, 19th October, 2018 10.00 am

Venue: Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX

Contact: Trish Corns  Email:

No. Item


Minutes pdf icon PDF 81 KB

To confirm the Minutes of the previous meeting


The Minutes of the meeting held on 15 March 2018 were approved as a correct record and signed by the Chairman.


Declarations of Interest


There were no declarations of Interest.


Application for a New Premises Licence - Rafikis, 17 West Street, Ashburton, TQ13 7DT pdf icon PDF 83 KB

Part II  (Private)


Items which may be taken in the absence of the Public and Press on grounds that Exempt Information may be disclosed.




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3.1  Introductions


The Chairman introduced the Members of the Sub Committee, Legal Adviser,

Licensing Officer, Democratic Services Officer and explained their respective



The Chairman advised that the Sub Committee would take into account the

merits of the application against the four licensing objectives: the prevention

of crime and disorder, public safety, prevention of public nuisance and the

protection of children from harm, in addition to the Home Office Guidance and

the Council’s Licensing Policy.


3.2  Procedure to be Followed


The Legal Adviser referred to the procedure to be followed for the Hearing and those present wishing to make verbal submissions. There had been no requests from any other party to speak at the hearing. The procedure was as previously circulated to all interested parties with the Notice of Hearing. All parties had been sent an agenda.


3.3  The Council’s Licensing Officer’s Report


The Sub-Committee has had before it an application for a new premises licence for the supply of alcohol and the provision of regulated entertainment: live and recorded music, on the premises at Rafikis, 17 West Street, Ashburton.


The hours sought are set out in the report circulated with the agenda, and the Notice of Hearing. This includes the supply of alcohol no later than 2230hrs, the performance of live music until 2200hrs and the playing of recorded music until 2300hrs.


The Licensing Manager referred to the report previously circulated with

the Notice of Hearing and the agenda, which contained full details of the



The licensing authority has received seven letters of objection from local residents objecting to the application on the grounds of public nuisance, in particular the objections relate to noise nuisance. Twenty representations have been received supporting the application and promoting the licensing objectives.


3.4   Address by Interested Parties


3.4.1   Supporters


Several supporters were in attendance at the Hearing. The spokesperson for the supporters advised that she spoke on behalf of the twenty supporters of the application. Fifteen of the supporters reside in West Street, of which 12 live within 200 metres of the premises. She had a small business located opposite the premises. The supporters consider the proposals for Rafikis would benefit the community and economy of the town, and make the town a more attractive place to live. More restaurants are required in town, and none of the existing cafes and restaurants were open past 8.30 p.m. She considered an alcohol licence was necessary to make the business viable. She had resided in West Street for 10 years, with single glazed windows, with no disturbance from noise of people leaving the local pubs. The applicant is happy to close Rafikis at 2300hrs, serve alcohol only with food, and have the occasional live performance. The premises is small with only 25 covers.


3.4.2   Objectors


Several objectors were also in attendance. The spokesperson submitted that the proposed use of the premises would have an enormous and disproportionate negative impact on her and her neighbour’s properties which were located above the  ...  view the full minutes text for item 3.


Application for a New Premises Licence - Ashburton Arts Ltd, 15 West Street, Ashburton, Newton Abbot, pdf icon PDF 98 KB

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The hearing noted that following discussion between the applicant and the objector, the objector had withdrawn the objection to the application.




The approval of the application be confirmed.