Agenda and draft minutes

Virtual meeting, Licensing and Enforcement Sub Committee - Wednesday, 21st April, 2021 9.30 am

Venue: Online via the Zoom app

Contact: Sarah Jenkins  01395 517406; email:  sjenkins@eastdevon.gov.uk

Media

Items
No. Item

37.

Minutes of the previous meeting held on 24 February 2021 pdf icon PDF 152 KB

Minutes:

The minutes of the previous meeting held on 24 February 2021 were agreed as a correct record.

38.

Declarations of interest

Guidance is available online to Councillors and co-opted members on making declarations of interest

 

Minutes:

Minute 41. Determination of an application for the grant of a premises licence to allow regulated entertainment, late night refreshment and the sale of alcohol for consumption ON the premises at Mickey’s Beach Bar & Restaurant and Café Patisserie Glacerie, Unit 1 Sideshore, Queens Drive, Exmouth EX8 2GD.

 

Councillor Joe Whibley, Personal, The member is also a member of Exmouth Town Council.

The member knows several of the interested parties and has received lobbying emails regarding the application.

 

Cllr Whibley also confirmed that he is free of bias and pre-determination and able to consider the application.

 

Minute 41. Determination of an application for the grant of a premises licence to allow regulated entertainment, late night refreshment and the sale of alcohol for consumption ON the premises at Mickey’s Beach Bar & Restaurant and Café Patisserie Glacerie, Unit 1 Sideshore, Queens Drive, Exmouth EX8 2GD.

 

Councillor Kim Bloxham, Personal, The member had previously been a neighbour of Mr Buller who was an interested party. 

Cllr Olly Davey is known to the member.

The member had received lobbying emails regarding the application.

 

Cllr Bloxham confirmed that she is free from bias and pre-determination and able to consider the application.

 

 

Minute 41. Determination of an application for the grant of a premises licence to allow regulated entertainment, late night refreshment and the sale of alcohol for consumption ON the premises at Mickey’s Beach Bar & Restaurant and Café Patisserie Glacerie, Unit 1 Sideshore, Queens Drive, Exmouth EX8 2GD.

 

Councillor Maddy Chapman, Personal, The member is also a member of Exmouth Town Council.

The member is a friend of an interested party, Ms Nash.

The member has received lobbying emails regarding the application.

 

Cllr Chapman also confirmed that she is free of bias and pre-determination and able to consider the application.

 

39.

Matters of urgency

Information on matters of urgency is available online

 

Minutes:

There were no matters of urgency.

40.

Confidential/exempt items

To agree any items to be dealt with after the public (including the Press) have been excluded. Thereare no itemswhich officersrecommendshould be dealtwithin thisway.

 

Minutes:

There were no confidential / exempt items.

41.

Determination of an application for the grant of a premises licence to allow regulated entertainment, late night refreshment and the sale of alcohol for consumption ON the premises at Mickey’s Beach Bar & Restaurant and Café Patisserie Glacerie, Unit 1 Sideshore, Queens Drive, Exmouth EX8 2GD pdf icon PDF 379 KB

Additional documents:

Minutes:

The Sub-Committee considered the application for the grant of a new premises licence to allow regulated entertainment, late night refreshment and the sale of alcohol for consumption ON the premises at Mickey’s Beach Bar and Restaurant and Café Patisserie Glacerie, Unit 1 Sideshore, Queen’s Drive Exmouth EX8 2GD.

 

The Chair of the meeting introduced the members of the Sub-Committee and the East Devon District Council Officers present.  Also present was Mr Asitha Ranatunga, Legal Advisor to the Sub-Committee.  The Chair confirmed that the meeting was a hearing to consider an application for a premises licence under the Licensing Act 2003.

 

The applicant, Maer Beach Limited, entitled to make representations, was represented by Mr Gareth Pinwell of Ashfords Solicitors.

 

The interested parties present and entitled to make representations were Jane Ashton, Daphne Barnes-Phillips, Jim Barnes-Phillips, Cllr David Poor for Exmouth Town Council, Kevin Brown, David Buller, Daphne Currier, Cllr Olly Davey, Simon Davidson (The Avenues Residents Association), Anne Fardon, Michael Fardon, Michael Golby, Jenny Heslop, Martin Heslop, Cecilia Jenkins, Elaine Lewis, Ann Louis, Carol Metcalfe, Ron Metcalfe, Mary Nash, Pat Packe, Roger Packe, Charlie Salter, John Sealey, Lynda Tweedie, Peter Tweedie, Robert Tweedie, Michele Ward, Irene Warman and Martin Warren (The Rockland Residents Management Company).

 

The responsible authority in attendance was East Devon District Council, Environmental Health, represented by Alice Gill, Environmental Health Officer.

 

Mr Ranatunga, Legal Advisor to the Sub-Committee, summarised the procedure for the hearing.

 

The Licensing Officer outlined the application to allow regulated entertainment, late night refreshment and the sale of alcohol for consumption on the premises.  The development is on Exmouth seafront and the proposed licensed area includes a two storey building with outside space and adjacent event space.  A site plan had been provided at appendix B of the Officer’s report.  The licensable activities proposed are the sale of alcohol for consumption on the premises, late night refreshment and regulated entertainment. 

 

78 representations against the application had been received.  The Licensing Officer advised that some conditions were agreed between the applicant and the Police prior to the submission of the application, including the provision of door staff and CCTV within the premises.  These conditions were included in the operating schedule at appendix F of the Officer’s report.

 

Further conditions, proposed by EDDC Environmental Health, had been accepted by the applicant.  Environmental Health information was contained in appendix G of the report.

 

Representations from local residents were included within the report to the Sub-Committee.

 

The applicant’s legal representative, Mr Pinwell, presented the application and advised that the directors of Maer Beach Limited have extensive experience in the restaurant and hospitality industry and are a highly regarded brand.

 

Mr Pinwell welcomed the opportunity to respond to the issues raised by the representations which are primarily perceived noise issues, objection to the hours of operation and wider issues of concern which were not directly attributable to the operation of the premises.  The response included the following points:

·        Regarding acoustic issues, the building had been designed and built to the  ...  view the full minutes text for item 41.