Agenda item

Application for a New Premises Licence -
Lady's Mile Holiday Park, Exeter Road, Dawlish

Minutes:

3.1   Introductions

 

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

Licensing Officer, Democratic Services Officer and explained their respective

roles.

 

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 Assistant Licensing Officer referred to the report previously circulated with the Notice of Hearing and the agenda, which contained full details of the

application. The Licensing Officer referred to the current conditions, circulated

with the agenda.

 

Zone 6 is already licensed for the supply of Alcohol, Playing of live and recorded music and performance of dance, Monday to Sunday 10 am – 00.30 am and has been included in this application to enable the whole site to be licensed under one premises licence.

 

The Council has received one letter of objection from a local residents objecting to the application on the grounds of public nuisance, in particular noise from regulated entertainment.  The objector was not in attendance at the Hearing.

 

3.4      Address by Interested Parties

 

3.4.1   Applicant’s Representatives

 

Mrs Scranage, on behalf of the Applicant advised that the marquee would have a bar and event would mainly consist of acoustic music between the hours of 1700hrs to 2300hrs. Events organised and managed by external organisations could involve live music and over 1500 people. These events would be limited to six per annum.

 

In response to questions, the Sub Committee were advised that the marque would hold 200 people. At the peak of the season some 3,000 individuals could be staying at the site. The marque would be in situ between the months of March to mid October, and less than the period which could require planning permission.

 

3.5   Adjournment

 

At this point the Committee adjourned to debate its decision

 

3.6   Decision

 

On reconvening the Chairman announced:

 

“We have carefully considered all the written material on behalf of the Interested Parties and Applicant and also the oral submission from the Applicant. 

 

The Council’s Licensing Policy states that terminal hours will normally be approved when the applicant can show that the proposal would not adversely affect the licensing objectives, unless after hearing relevant representations, the Council believes it necessary, proportionate and reasonable to restrict the hours required.  We do not consider that it is necessary, proportionate or reasonable to restrict the hours, because we have not seen any evidence which would support doing so. 

 

We note that the premises has been operating with a licence for Zone 6 of the site. Only one objection has been received in relation to the current application. There are no other objections from immediate neighbours.

 

We are satisfied that the Applicant company is experienced and responsible and we are satisfied, on the balance of probability, that the proposed use of the marquee will not cause an unreasonable nuisance to local residents.

 

In the circumstances, after giving full consideration to the licensing objectives, we grant this application as detailed in the report, with the condition limiting external events to six per annum.”

 

Rights of Appeal

 

This decision does not take effect until the period for making an appeal has expired, or if an appeal is made, until that appeal has been determined.  An appeal may be made by the applicant for the review, the licence holder or any person who made relevant representations in relation to the application. 

 

If you wish to appeal you must give notice of appeal to the Clerk to the Justices at the South Devon Magistrates’ Court, 1st Floor, Riviera House, Nicholson Road, Torquay TQ2 7TT, within the period of 21 days beginning with the day on which you were notified of the decision.

 

Should there be problems associated with the event the Council’s Environmental and Safety Department has powers under the Environmental Protection Act 1990 to take action against statutory noise nuisances.

 

 

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