Agenda and minutes

Licensing and Regulatory Sub-Committee - Thursday, 29th October, 2020 10.00 am

Venue: Virtual Meeting - Virtual Meeting. View directions

Contact: Email: comsec@teignbridge.gov.uk  Email: comsec@teignbridge.gov.uk

Items
No. Item

1.

Apologies

Minutes:

None.

2.

Declarations of Interest

Minutes:

None.

3.

Local Government (Access to Information) Act 1985 - Exclusion of Press and Public

It is considered unlikely that the Committee would wish to exclude the press and public during consideration of the items on this agenda. If, however, the Committee were to exclude the press and public, a resolution in the following form should be passed:

 

RECOMMENDED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraphs 1 & 2 of Part 1 of Schedule 12A of the Act.

 

 

 

 

 

 

 

4.

Application for a Private Hire Vehicle Extension - S16 EXC pdf icon PDF 195 KB

Additional documents:

Minutes:

Members noted that the application had been withdrawn.

5.

Application for a New Premises Licence - Baskervilles Ice Cream Parlour and Coffee Shop pdf icon PDF 326 KB

Additional documents:

Minutes:

5.1   Introductions

 

The Chairman introduced the Members of the Sub Committee, Legal Adviser, Licensing Manager and Democratic Services Officers.

 

The Chair 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.

 

5.2 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.

 

5.3 The Council’s Licensing Officer’s Report

 

The application is for a Premises Licence to be granted under the Licensing Act 2003 is to allow the Supply of Alcohol.  Attached is a copy of the location plan and plan of premises (Appendix A).

 

The operating schedule shows:-

 

Hours Premises Open to the Public:

Monday to Thursday                       0700hrs to 2200hrs

Friday and Saturday                        0700hrs to 2300hrs

Sunday                                              1000hrs to 1730hrs

 

Relevant licensable activities:

·         Supply of alcohol.

 

Hours of licensable activities:

Supply of Alcohol (on/off the premises)  Monday to Thursday                                                                                               1000hrs to 2130hrs

Friday and Saturday                        1000hrs to 2230hrs

Sunday                                              1000hrs to 1700hrs

 

Seasonal variation on all licensable activities

Bank Holidays                                  1000hrs to 2230hrs

 

Supply of alcohol is for consumption on and off the premises.

 

The Council has received 22 representations of objection, on the grounds of Public Nuisance.  1 objector was present at the Hearing acting as a representative for others who had made representations.

 

The Applicant was also present at the hearing.

 

5.4       Address by interested parties

 

5.4.1   Objectors

 

We heard from the objector who highlighted that the noise levels from the Ice Cream Parlour were loud but bearable during the day and busy summer season however, if the hours were to be extended late into the evening the residents felt that those levels would become intolerable and impact on amenity.

 

There was also concern that people would start using the premises as a place to buy cheap alcohol once the local shop shut at 10pm, again increasing noise levels.

 

The objector stated that the front of the premises was open and therefore made it easy for children to enter potentially putting them at risk. There were often bikes resting against railings from visiting cyclists which meant that members of the public were having to walk into the road which was a safety concern.

 

The Objector also mentioned that there were concerns that the Applicant would be unable to uphold the licensing objectives effectively.

 

There were no questions put to the objector by the committee.

 

 

 

5.4.2 Applicant

 

We then heard from the applicant, who submitted that the premises was not intended to operate as a place for people to buy cheap alcohol, they simply wanted the option to  ...  view the full minutes text for item 5.