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The minutes of the previous meeting held on 21 April 2021 were agreed as a correct record.
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Minute 47 . Determination of an application for the grant of a premises licence to allow the provision of regulated entertainment, provision of late night refreshment and the sale of alcohol for consumption ON and OFF the premises at The Grand Hotel, 5 Morton Crescent, Exmouth EX8 1BE.
Councillor Joe Whibley, Personal, Member is an Exmouth Town Councillor. The Grand Hotel, Exmouth is located in the ward represented by the Member.
Matters of urgency
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There were no matters of urgency.
To agree any items to be dealt with after the public (including the Press) have been excluded. Thereare no itemswhich officersrecommendshould be dealtwithin thisway.
There were no confidential or exempt items.
Determination of an application for the grant of a premises licence to authorise the provision of regulated entertainment, provision of late night refreshment and the sale of alcohol for consumption ON and OFF the premises at The Blue Ball, Sandygate, Exeter, Devon, EX2 7JL PDF 421 KB
The Sub-Committee considered the application for a premises licence to authorise the provision of regulated entertainment, provision of late night refreshment and the sale of alcohol for consumption on and off the premises at The Blue Ball, Sandygate, Exeter EX2 7JL. The meeting was a hearing to consider the application for a premises licence under the Licensing Act 2003.
The applicant, St Austell Brewery Co Ltd, entitled to make representations, was represented by Mr Ewen Macgregor of TLT Solicitors. Also in attendance were Mr Chris Faulkner of St Austell Brewery and Mr Adam Holland, manager and tenant of The Blue Ball.
The interested parties present and entitled to make representations were Mr Robert Pond, Mr Jonathan Sewell and Mrs Helen Sewell.
Also present was Mr Asitha Ranatunga, legal advisor to the Sub-Committee.
The Licensing Officer, Mr Steve Saunders, outlined the application. The premises currently operates under an existing premises licence, the license holder being St Austell Brewery. The license holder is now applying for a new premises licence following alterations to the premises including the addition of a shelter area and alterations to outside areas including the addition of an external servery bar which is proposed to be licensed for the sale of alcohol.
Should the application be granted to a satisfactory standard, the applicant would surrender the existing premises licence. The application was set out in Appendix A of the report and plans could be viewed under Appendices B1, B2 and B3. The licensable activities and the timings applied for had been set out in Appendix C, and for comparison the timings authorised by the existing licence were shown in Appendix D to the report.
The Licensing Officer summarised the licensable activities which were now being applied for as the sale of alcohol for consumption on and off the premises, late night refreshment indoors and outdoors and regulated entertainment.
Since the report had been prepared, the Chair of the Licensing & Enforcement Sub-Committee had requested further information from the applicant and additional Appendices are now included in the report before the Sub-Committee. Additional documents are Appendices L, M, M1 and M2 which had been circulated to all parties on 18th May 2021.
Nine representations against the application had been received. The applicant’s representative had undertaken mediation with the interested parties although it was understood that no subsequent agreement had been reached.
A representation was made by Devon and Cornwall Police who have reached an agreement with the applicant and the subsequent amendments and additions that have been offered by the applicant are set out in Appendix I.
All representations received are set out in full in the Licensing Officer’s report.
The applicant’s legal representative, Mr Ewen Macgregor, addressed the Sub-Committee and referred to Appendices C, D and J of the Officer’s report. Mr Macgregor made the following points:
· The premises are well-established and have held a license for many years
· The premises are not, and have not been, subject to regulatory enforcement action
· No responsible authorities have ... view the full minutes text for item 46.
Determination of an application for the grant of a premises licence to allow the provision of regulated entertainment, provision of late night refreshment and the sale of alcohol for consumption ON and OFF the premises at The Grand Hotel, 5 Morton Crescent, Exmouth EX8 1BE PDF 360 KB
Note: This application will not be heard before 2.00pm
The Sub-Committee considered an application for a new premises license to authorise the provision of regulated entertainment, provision of late night refreshment and the sale of alcohol for consumption on and off the premises at the Grand Hotel, Morton Crescent, Exmouth.
The Chair introduced the East Devon District Council Officers present.
The applicant, Axcel Hospitality (Exmouth) Limited, entitled to make representations, was represented by Mr Angus Gloag of Clerksroom, with Mr Peter Hutchinson also in attendance.
There were no responsible authorities present.
Regarding representations from responsible authorities, the Chair advised that the agreed position between the Police and the applicant is set out in Appendix G. EDDC Environmental Health had stated that no noise complaints about the premises had been received since 2005 and that the applicant had been advised regarding potential noise measures and equipment that could be imposed if complaints are received in the future.
There were no interested parties present. Mr A Rowsell had given notice to attend, but had subsequently sent apologies.
The Chair confirmed that Sub-Committee members have read the documents submitted by the parties in advance of the hearing and summarised representations received which appeared to relate principally to two of the four licensing objectives, namely the prevention of crime and disorder and prevention of public nuisance.
The legal advisor to the Sub-Committee, Mr Giles Salter, outlined the hearing procedure.
The Licensing Officer, Ms Lesley Barber, summarised the application and drew the Sub-Committee’s attention to the plans in the report and the three licenses for three proposed areas; the function room and the dining room on the lower ground floor and the bar area (referred to as the lounge) on the ground floor.
Page 186 of the Officer’s report sets out the Police agreed position following their request for a number of changes to the timings within all of the proposed licensable areas of the premises and it has been agreed that the hours will be pulled back to 11.00pm for the sale of alcohol, unless there are bona fide functions taking place.
As a result of the Police agreements, a number of interested parties had withdrawn their representations with fifteen remaining outstanding from the original thirty representations.
A number of outstanding representations relate to live and recorded music which were not part of the Police representation. Local residents remain concerned regarding the timing of live or recorded music and the applicant has indicated that there was scope for discussion on the proposed timings.
The applicant’s legal representative, Mr Angus Gloag, presented the application and introduced Mr Peter Hutchinson, DPS for the Grand Hotel, and representing Axcel Hospitality. Mr Hutchinson confirmed that the Grand Hotel is currently closed, but was previously a three star hotel.
In response to questions from Mr Gloag, Mr Hutchinson further confirmed that the position as agreed with the Police was accurately set out in Appendix D of the Officer’s report and that the Hotel would abide by the terms agreed.
It was noted that local ... view the full minutes text for item 47.