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The minutes of the previous meeting held on 22 May 2023 were agreed and signed as a true record.
Declarations of interest
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Minute 6. Determination of an application for the grant of a premises licence to allow live music (indoors and outdoors), recorded music (indoors and outdoors), the sale of alcohol for consumption ON and OFF the premises at Budleigh Salterton Cricket Club, The Holt, East Budleigh Road, Budleigh Salterton, EX9 7BA.
Councillor Tim Dumper, Affects Non-registerable Interest, The Member knows two of the interested parties, Doris Couper and Margaret Yerrell. The Member confirmed that this would not affect his ability to consider the application impartially.
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 / exempt items.
The meeting was a hearing under the Licensing Act 2003.
The Chair introduced the members of the Sub Committee and the officers present.
The Sub Committee’s legal advisor, Giles Salter, outlined the procedure for the meeting.
The Sub Committee considered the application for the variation of an existing premises licence PLWA0275 at Kilmington Cross Service Station, A35 Gammons Hill, Kilmington, Axminster EX13 7RB.
The applicant, present and entitled to make representations, was Paul Jones, Regional Manager, of Motor Fuel Limited, and Robert Botkai, Winckworth Sherwood, legal representative for Motor Fuel Limited.
Also present, and entitled to make representations, was Cllr Peter Ball, Chair of Kilmington Parish Council.
The Licensing Officer, Lesley Barber, advised that there were no updates to the report as published. The application covered three main areas: extension to the existing hours; provision of late night refreshment; amend the current conditions of the licence which had been in place since 2005.
Seven representations had been received which were shown at Appendix D, including the agreed position with the Police. The Police sought to tighten various conditions including the robust policy of challenging underage sales of alcohol.
The Licensing Officer also advised that the applicant had offered an undertaking to Kilmington Parish Council to reduce trading hours for the first six months, from between 05:00 to 24:00, rather than the full 24 hours, should the variation to the licence be granted.
The Sub Committee noted that only the permitted hours, as shown on the licence, would be enforceable and any other agreement would be between the applicant and Kilmington Parish Council.
In response to a question from a member, the Licensing Officer advised that it was best practice to keep an incident book.
Mr Botkai noted that the applicant’s offer of the voluntary measure could be placed on record in order to provide comfort to the Parish Council.
In response to a question from the interested party, the Licensing Officer advised that every licensed premises is required to have a Designated Premises Supervisor (DPS) who can delegate in their absence. The applicant confirmed that the DPS is always the Manager of the Motor Fuel Ltd service station, who would also ensure that all staff are suitably trained.
The applicant’s legal representative, Mr Botkai, made the case for the application and highlighted the following points:
· The current conditions date back to 2005 and needed updating.
· The Police were in support of the application, based on agreed additional conditions.
· There was no intention for the Greggs outlet on the site to operate at night.
· The current licence permitted the sale of alcohol until 22:00.
· Motorfuel Group Limited is a very experienced operator with multiple 24 hour premises.
· Local residents’ concerns and objections were understood, however, it was not the operator’s experience that customers would come from far and wide, and at all hours, to buy alcohol. The operator is not anticipating a large increase in trade should the licence be granted.
· Should issues such as anti-social behaviour occur, ... view the full minutes text for item 5.
Determination of an application for the grant of a premises licence to allow live music (indoors and outdoors), recorded music (indoors and outdoors), the sale of alcohol for consumption ON and OFF the premises at Budleigh Salterton Cricket Club, The Holt, East Budleigh Road, Budleigh Salterton, EX9 7BA PDF 498 KB
On the resumption of the meeting, the Chair introduced the members of the Sub Committee to those present.
The Sub Committee considered an application for a premises licence to allow live music (indoors and outdoors), recorded music (indoors and outdoors), the sale of alcohol for consumption ON and OFF the premises at Budleigh Salterton Cricket Club, The Holt, East Budleigh Road, Budleigh Salterton, EX9 7BA.
The applicant, present and entitled to make representations, was Budleigh Salterton Cricket Club, represented by Emma Cooling, Carolyn Roper and Joel Murphy.
Also present, and entitled to make representations were Robbie Sillars, Kate Sillars, Pat Coulter, Margaret Yerrell, Doris Couper, Mike Sheehan (also representing Simon King and Rosie King) and Yvonne Mills (representing Andrew Mills).
The Sub Committee’s legal advisor, Giles Salter, outlined the procedure for hearing the application.
The Licensing Officer, Phillippa Norsworthy, summarised the application and noted that the applicant had come to an agreed position with the Police.
Responses to the Notice of Hearing which had been received after the publication of the report had been sent to members of the Sub Committee. The Environmental Health Officer had met the applicant at the site and the applicants had then submitted changes to the proposed operating schedule which had also been sent to members. The Licensing Officer read out information from the Environmental Health Officer relating to the premises noise management plan. The Sub Committee was advised that the applicant proposed to amend the hours sought so that no live music would be played outdoors after 23:00pm.
There were no questions from members or from the applicant for the Licensing Officer.
In response to questions from the interested parties, the Licensing Officer clarified the following points:
· With regard to the sale of alcohol, the Police had requested 30 minutes drinking up time which amended the proposed opening hours to 22:30 Sunday to Thursday and 23:30 Friday and Saturday.
· Regarding the live music, it had been agreed that there would be no live music outside after 23:00pm. After 23:00pm live music would be inside only.
An interested party advised that the venue has bi-fold doors which could remain open while live music was being played indoors. The legal advisor noted that the applicant could offer mitigation measures, or the Sub Committee could choose to impose a condition to mitigate such a situation.
The applicant, represented by Carolyn Roper and Emma Cooling, made the case for the application and highlighted the following points:
· The Cricket Club had been forced to relocate in 2002 and moved to the current new site. A lot of thought had gone into the design of the building to ensure that it was sustainable and welcoming for the whole community. The club house had been designed to contain noise and would face away from the town. It was also fully accessible. The Cricket Club was well run and respected, and wished to work with the whole town and community.
· It was very important to the Club ... view the full minutes text for item 6.