Agenda and draft minutes

Licensing and Community Safety Sub Committee B - Monday, 20th December, 2021 12.30 pm

Venue: Virtual - Online meeting. View directions

Note: The Licensing Committee prefers to hold Licensing Act hearings in the presence of the parties, but in this instance, given the Covid-19 situation, the Sub-Committee has adopted the lawful and appropriate procedure of holding the meeting virtually. If you would like an invite to attend the meeting virtually please contact the Corporate and Community Services Office on 01271 388253 to request an invite. Please request this no later than noon on Friday 17 December 2021. 

Items
No. Item

12.

Virtual meeting etiquette and procedure

Chair to report.

Minutes:

The Senior Corporate and Community Services Officer read out the virtual meeting etiquette and procedures as well as confirming all those who should be in attendance were present.

13.

Apologies for absence

Minutes:

There were no apologies for absence.

14.

Declarations of interest

(Please complete the form provided at the meeting or telephone Corporate and Community Services to prepare a form for your signature before the meeting.  Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).

 

Minutes:

There were no declarations of interest announced.

15.

Application for the Grant of a Premises Licence; Masquerade, 98 High Street, Barnstaple, Devon, EX31 1HR, Ref 053418 pdf icon PDF 187 KB

Report by Licensing Officer (attached)

Additional documents:

Minutes:

Also, present:

 

Mr Brennan, applicant, and

 

Mr and Mrs Berkley, persons who had made a representation.

 

The Sub-Committee considered the application for the grant of a Premises Licence in respect of Masquerade, 98 High Street, Barnstaple, EX31 1HR (circulated previously), reference 053418.

 

The Chair introduced herself and invited those present to introduce themselves.

 

The Licensing Officer confirmed that all the formal requirements had been met for the submission of the application.

 

The Solicitor outlined the hearing process.

 

The Licensing Officer presented his report.  He confirmed that the persons who had made a representation in respect of the Licensing Objective Prevention of Public nuisance were present at the hearing.  No responsible authority had made a representation. 

 

The Chair invited Mr Brennan, the applicant, to present his case. 

 

Mr Brennan gave the Sub-Committee the following presentation:

 

·         He had held a personal and premises licence for a number of years and during that time had never had any issues or incidents.  He was very hands on running his premises and had previously run an establishment that had 1400 person capacity

·         The capacity of Masquerade was 120/140

·         With regard to the objection made by Mr and Mrs Berkley he had invited them to visit his premises.  They had held an informal chat and he had shown them the premises and whilst he could understand their objection he couldn’t understand why he was being likened to the premises a couple of doors away

·         Masquerade was a listed building but a planning application of 2006 had given permission for the windows to be fully double glazed

·         The premises was not going to be run as a pub or a club.  This was to be an up-market establishment and attendance had to be pre-booked in advance

·         The correct 28 day notice had been submitted but due to an error not of Mr Brennan’s making a further 28 day period had to be served so technically a 56 day period was given for objections to be made.  The Environmental Protection team had not made any representation but it seemed to Mr Brennan that on learning that a representation on noise had been made by a member of the public, he was contacted by the Environmental Protection team requesting that a noise management plan be submitted.  Mr Brennan had submitted a 7-page plan detailing mitigations that he would put into place to reduce the possibility of noise nuisance.  It was his understanding that this submission had not been passed onto the Sub-Committee by the Environmental Protection Service Lead Officer

·         During his research into other premises operating in the town, Mr Brennan had discovered that no other premises had conditions applied to their licences.  The only noise condition imposed on one premises was that a sign had to be displayed advising patrons to leave quietly

·         Due to the economic down turn brought about by the Covid-19 pandemic many High Streets were in decline.  Mr Brennan was attempting to revitalise the High Street and would be providing employment for 20 people  ...  view the full minutes text for item 15.