Agenda and minutes

            The minutes of the meeting of the Licensing and Enforcement Sub-Committee held on 30 January 2019, were confirmed and signed as a true record.

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

There were no declarations of interest.

The Sub Committee gave consideration to an application for the grant of a premises licence to allow the sale of alcohol on and off the premises and late night refreshment on the premises at Mansell Raceway, Dunkeswell, Honiton, EX14 4AH.

The Sub Committee carefully considered the application with the amendments the applicant had now offered at the hearing for the licensable activities and the extension of proposed hours of operation with a view to deciding whether the applicant promoted the licensing objectives as required by the Licensing Act 2003. They also took into account Government Guidance and the Council’s own licensing policy and the Human Rights Act 1998 in making this decision.

The Sub Committee considered the relevant representations that all parties had made and the written representations and other documentation put before the Sub Committee. They also considered the particular locality of the premises in a rural setting within the Blackdown Hills AONB and its physical relationship with other residential and commercial properties in the vicinity.

The Sub Committee considered it relevant that no representationshad been received from the police in relation to the Licensing Act objectives that had been the subject of representations, that is to say: public safety, public nuisance,crime and disorder. From this the Sub-Committee had concluded that the police did not considerthat there would be any significant problem associated with the operation of the premises.

The applicant was Njal Lovell, DPS/Manager, represented by Amy Cater of Tozers Solicitors. The applicant’s case was set out on paper.

At the hearing the applicant added that the Karting Track at the site had been in existence since the 1960s, and brought tourism to the area but there was a need to provide more facilities on site through a Licensing application. This was no different to other karting tracks across the country. Customers could attend a race day and have a drink or meal in the new premises. The Mansell brand was about legacy and he would not want the premises to negatively impact on the community.

The extensive condition dealt with the issue of kart use and alcohol consumption which was prohibited through the use of wrist bands, so that alcohol could not be purchased by anyone participating in kart racing until the wrist band had been removed, also the management used breathalysers if there were any suspicions of alcohol consumption, incident reports and CCTV.

The applicant referred to the fact that there had been no representations from any of the Responsible Authorities which remonstrated that they were not unduly concerned by the proposed operation or that they were concerned by light or noise pollution from the premises as this was a new application. The applicant suggested that the proposed operating schedule was therefore in line with the Licensing Objectives as set out in the Act.

At page 51 of the bundle the applicant referred the Sub Committee to the proximity of the premises in Sheldon and Dunkeswell from which objections to the application had  ...  view the full minutes text for item 56.

        The Vice Chairman to move the following:

“that under Section 100(A) (4) of the Local Government Act 1972 the public (including the press) be excluded from the meeting as exempt information, of the description set out on the agenda, is likely to be disclosed and on balance the public interest is in discussing this item in private session (Part B)”.

Part B Matters for Decision

Para 1 Schedule 12A Information relating to any individual

Consideration was given to whether a new applicant was a fit and proper person to be licensed as a Hackney Carriage Driver.

Members considered the Council’s policy on all issues, the overriding duty of the Sub Committee was protection of the public.