Agenda and minutes

Cllr Kim Bloxham was elected Chair for this meeting.

The minutes of the previous meeting held on 24 April 2023 were agreed and signed as a true record.

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

Cllr Maddy Chapman – Minute 6 – Member of Exmouth Town Council.

Cllr Olly Davey – Minute 6 - Member of Exmouth Town Council.   The application is in the Member's ward and the applicant is known to the Member on Council business.  The Member has played music in a pub owned by the applicant.  One of the objectors, Nicky Nicholls, responding on behalf of Transition Exmouth, is known to the Member.  The Member is also a member of Transition Exmouth.

Cllr Olly Davey – Minute 7 – the Member lives close enough to the application location to hear events occasionally.

Information on matters of urgency is available online

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.

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

The Sub Committee considered the application for the grant of a premises licence to allow the supply of alcohol for consumption OFF the premises only on 3^rd June and 4^th June 2023 from a trailer bar located at Orcombe Point, Exmouth.

The applicant, present and entitled to make representations, was Oliver Bainbridge of The Can Do Pub Company Ltd.

Also present, and entitled to make representations, was Debra Quine of Bumble and Sea Café, Orcombe Point, Exmouth.

The Licensing Authority had not received any representations from responsible authorities regarding this application.

The Licensing Officer, Lesley Barber, advised that the objections were relevant to all four licensing objectives.  Comments from the Police, Exmouth Town Council and the East Devon Beach Safety officer were contained in the report.

In response to questions from Members, the Licensing Officer advised the following:

·         The current application is for two days in order to test out the proposal’s suitability.  A new application would be required for any additional dates.

·         The dates of 3^rd and 4^th June had no specific significance.

·         Monitoring of the situation would be by way of any Police report and visits by the Licensing Officer if the pop-up bar is in situ.

·         Regarding the Public Space Protection Order, the only response from the Police to date was set out within the report.

In response to a question from the applicant, the Legal Advisor advised that it was the Sub Committee’s prerogative to decide what weight to give to representations where the objector was not present at the hearing.

The applicant made his case for the application and highlighted the following points:

·         The idea for the application had come from Lyme Regis Brewery which operates a similar event in Lyme Regis.  Many local craft breweries operate in this way along the coast.

·         The applicant cited a similar offering on the seafront at Hangtime by way of an example of a well run event.

·         The applicant was aware of concerns regarding alcohol consumption on the beach and noted that the Police would not have agreed to the application last year.  However, now that the covid pandemic and resulting problems had passed, the Police were happy for the applicant to apply and had no objections.

·         The applicant noted the experience of the Strand in Exmouth where the presence of licencees had, in his view, improved the area, due to having responsible people on hand to act should any issue arise.  The applicant was of the view that, should the application be granted, this could also have the same beneficial effect at Orcombe Point.

·         The applicant had held a licence for 25 years with an exemplary record. 

·         The type of client buying the applicant’s craft beer was not the same type of person who typically caused anti-social alcohol related problems on  ...  view the full minutes text for item 43.

The Sub Committee considered an application for the grant of a time limited premises licence to allow the exhibition of films, indoors and outdoors, the provision of live music outdoors, the provision of recorded music, indoors and outdoors and the supply of alcohol ON the premises only at Lympstone Manor Hotel, Courtlands Lane, Exmouth, EX8 3NZ.

The applicant, present and entitled to make representations was Lympstone Manor Ltd, represented by Mr Steve Edwards, Operations Director and Mr Alexander McEwen, General Manager and DPS.

The applicant had no witnesses to call.

The Licensing Authority had received two representations from local residents who had given notice that they did not wish to attend the hearing.

The Licensing Authority had received representations from East Devon District Council’s Environmental Health Service and Exmouth Town Council’s Planning Committee, who were not present.

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

The Licensing Officer, Phillippa Norsworthy, summarised the application.  Since the publication of the report, a response to the Notice of Hearing had been received from a local resident and had been circulated to all parties.   The Police had reached an agreed position with the applicant.

Since the publication of the report, the applicant had come to an agreed position with the Environmental Health Service, details of which had been published with the report at Appendix D.  The applicant had produced a Noise Management Plan (NMP) to the satisfaction of the Environmental Health Officer which had been circulated to the Sub Committee members in advance of the meeting.  It had been agreed that music would stop at 11.00pm.

The Sub Committee had no questions for the Licensing Officer.

The applicant had no questions for the Licensing Officer but wished to clarify that the agreed position with the Environmental Health Service, as set out in the NMP, was to stop live music only at 11.00pm, but not recorded music.  

The applicant made the case for the application and highlighted the following points:

·        Up to 2,000 tickets were available for the event but to date only 400 had sold and the applicant considered it unlikely that actual numbers would reach anywhere near 2,000.

·        Event parking was restricted to 230 cars, and spaces had to be booked in advance; ticket buyers were made aware of this via the website, social media, and at the point of ticket purchase.  Those not arriving by car would be pedestrian, with access routes from Exmouth and Exeter on the cycle path and from the Rivermead Avenue bus stops.  There might also be a Dartline coach but this was yet to be confirmed. 

·        The applicant recognised the importance of correct traffic management with minimal disruption to local residents.  Event stewards would be positioned appropriately in order to syphon off event traffic via a one way system.  There would be no road closures.

·        WT Consultancy would be delivering an event Risk Management Plan.

·        One representation referred to a 12-hour period of live or recorded music; this would not be the case,  ...  view the full minutes text for item 44.