Agenda and draft minutes

Virtual meeting, Licensing and Enforcement Sub Committee - Wednesday, 24th November, 2021 9.30 am

Venue: Online via the Zoom app

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

Media

Items
No. Item

21.

Minutes of the previous meeting held on 8 September 2021 pdf icon PDF 172 KB

Minutes:

The minutes of the meeting held on 8 September 2021 were agreed as a correct record.

22.

Declarations of interest

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

 

Minutes:

There were no declarations of interest.

23.

Matters of urgency

Information on matters of urgency is available online

 

Minutes:

There were no matters of urgency.

24.

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.

25.

Determination of an application for the grant of a premises licence to allow the sale of alcohol for consumption OFF the premises at Exmouth Parade Mini Market, 5 Parade, Exmouth EX8 1RS pdf icon PDF 391 KB

Additional documents:

Minutes:

The Sub Committee considered the application for the grant of a premises licence to allow the sale of alcohol for consumption OFF the premises at Exmouth Parade Mini Market, 5 The Parade, Exmouth EX8 1RS.  The meeting was a hearing under the Licensing Act 2003.

 

The Chair introduced the members of the Sub Committee.

 

The applicant, present and entitled to make representations was Mr Saravanan Thayananthan, accompanied by his agent Mr Patrick Burke of PMB Licensing.

 

The interested party, present and entitled to make representations, was Cllr Tim Dumper for Exmouth Town Council.

 

The Licensing Authority had received representations from the Police who had discussed the application with the applicant and had subsequently reached an agreed position, including further conditions, should the licence be approved.

 

The Sub Committee’s legal advisor, Giles Salter, outlined the procedure for the meeting.

 

The Licensing Officer, Lesley Barber, outlined the application.  The Licensing Officer confirmed that, having checked the Licensing Authority’s administrative procedures, a response from one objector had not been received at least five working days prior to the hearing as required under regulation 8(5) of the Licensing Act 2003 (Hearings) Regulations 2005.  The Licensing Authority had no discretion to accept a late response and the objector was not entitled to attend the hearing.  The objector had been advised of this and had been provided with the link to access the papers and to watch the hearing online.

 

No updates or amendments had been made since the publication of the report.

 

In making the applicant’s case, the agent, Mr Patrick Burke, made the following points:

·        The applicant has wide experience of operating sites on a 24 hour basis.

·        There would always be a minimum of two staff on site at the premises applied for.

·        The Police had been in discussion with the applicant regarding the conditions.

·        Objections raised by Exmouth Town Council regarding setting a precedent and the risk of exacerbating public nuisance and crime and disorder were either not relevant to the licensing objectives or there was no evidence to support the objections.

·        The Licensing Authority should have regard to the principles laid down in ‘the Thwaites case’ [Daniel Thwaites plc v. Wirral Magistrates Court & Others] regarding the imposition of restrictions and inclusion of speculative opinions.

 

Responding to questions from Members, the applicant’s agent advised the following:

·        All of the 24 hour premises run by the applicant have been licensed.

·        The applicant knows the part of Exmouth under discussion well, including the neighbouring nightclub, and is proposing to have door staff in place between the hours of 12 midnight to 5am.

·        The applicant anticipates that the clientele between the hours of 12 midnight to 5am would include shift workers going to and from work and online orders via apps such as Uber Eats and Just Eat.

·        The applicant would be willing to consider amending the proposed opening hours.

·        There is no cumulative impact policy in place in East Devon.

·        In his experience of running licensed premises, the applicant has never and would not  ...  view the full minutes text for item 25.