Agenda item

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 grant of a new premises licence at Poltimore House, Poltimore, Exeter EX4 0AU.

The applicant (Poltimore House Trust), present and entitled to make representations, was represented by Dr Peter Totterdill.  Dr Totterdill was accompanied by Rosemary Exton (Poltimore House Trustee) and Dave Lee (Designated Premises Supervisor).

The interested persons, present and entitled to make representations, were James Westoby and Susan Westoby.

The Licensing Manager summarised the application as set out in the report and highlighted that the Police, having raised a representation, had reached an agreed position with the applicant which was set out at Appendix G of the report.

Environmental Health had contacted the applicant during the consultation process and the applicant had then provided a noise management plan and an example of an event management plan, as shown as Appendix I of the report.  On that basis, Environmental Health had not raised a representation.

Two representations had been received from local residents based on all four of the licensing objectives.  Poltimore House Trust had attempted mediation with the objectors.  A statement from the objectors had been received subsequent to the publication of the agenda papers and had been circulated to the Sub Committee in advance of the hearing.

In response to a question from the Sub Committee, it was confirmed that events at Poltimore House were currently regulated through temporary event notices.

There were no questions for the Licensing Manager from the applicant’s representative or from the interested persons.  It was noted that Poltimore House is a Grade II* listed building.

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

·        In recent years the Poltimore House Trustees Board had sought to develop a sustainable plan for the future and build a professional board of trustees with good governance structures;

·        It was a priority to secure a sustainable income source for the trust;

·        Demand for the café had exceeded expectations and the café had been established as a separate company, popular with both local people and tourists;

·        Opportunities for local employment were being created;

·        The purpose of the application was to enable the café and farm shop to sell alcohol during normal business hours and also during regular evening events held at both the café and the outdoor arena;

·        Should the application be granted, this would replace the need to repeatedly apply for temporary event notices and enable the Board of Trustees to expand the current offer;

·        The Board of Trustees had introduced an events management process in order to ensure that events operated in accordance with agreed criteria.

Responses to questions from the Sub Committee included the following points:

·        Prior to the fire in 2024, events had been held in Poltimore House.  Since then greater use had been made of the grounds and the café.  Evening events included local bands, outdoor theatre, a local orchestra and craft fairs;

·        The purpose of the application was to provide a comprehensive licence to remove the need to apply for repeated temporary event notices;

·        Should the licence be granted, it was planned to serve upmarket bottled craft beers with the potential to move to serving the same from kegs;

·        The ethos was to serve locally sourced produce;

There were no questions from the interested persons for the applicant’s representative.

The interested persons made their case and highlighted the following objections to the application:

·        Should the off sales licence be granted, this would result in people leaving the premises with alcohol which would increase rubbish in the local area;

·        There was no pedestrian access on the road to Poltimore House;

·        Noise travels and the late hours applied for were a cause for concern due to the impact on the interested persons whose property was in close proximity to the events arena and the café;

·        An off sales licence may result in cheaper beer being sold in the future in order to increase revenue;

·        There had never been any communication from the Trustees with the interested persons;

·        The interested persons had previously tried to make contact during events using the telephone number provided on the Poltimore House website, however, the calls had not been answered;

·        The interested persons had a right to enjoy their property.

In response to questions from the Sub Committee, the interested persons advised that they had no wish to involve the Police, but wanted to be able to contact someone should there be issues with noise levels.

The applicant’s representative confirmed that a contact person was always available on site during opening hours and events.

The Legal Advisor advised the applicant’s representative, and those accompanying him, to contact the East Devon District Council Environmental Health Officer for advice on how to set and measure noise levels at the perimeter of the premises.  Noise levels could then be included in the noise management plan and would future proof events as the trustees and the type of events changed over time.

Those present were also advised that premises licences may be reviewed should any issues with noise arise.  These should be reported to Environmental Health.

The interested persons confirmed that an end time of 11:00pm for events would be acceptable.

There were no further questions or statements.

The Chair thanked everyone for attending and advised that the decision would be notified in writing to all parties within five working days.