The Corporate and Community Services Officer requested a nomination for Chair.

RESOLVED that Councillor Tucker be appointed Chair of this Sub-Committee C.

There were no apologies for absence.

(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).

There were no declarations of interest announced.

(Confidential Restricted Information).

RESOLVED:

(a)  that under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the discussion of Appendix M of the agenda as it contains exempt information namely information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime; and

(b)  that all documents and reports relating to Appendix M be confirmed as “Not for Publication”.

Report by the Public Protection Manager (attached).

The Sub-Committee considered a report by the Public Protection Manager (circulated previously), regarding a premises licence review application in respect of the Woodpecker Bar and Kitchen, West Down, Devon, EX34 8NU.

Also present:

Mr K and Mrs D Hayes, the applicants.

Mrs T Pearce, Designated Premises Supervisor (DPS) and Premises Licence Holder with her sister Lyn Constantine in support.

Mr P Butler, Police Licencing Officer.

Mr D Morgan, Environmental Protection Consultant.

The Chair introduced himself and invited those present to do the same.

The Legal Officer outlined the hearing process.

The Public Protection Manager presented her case and highlighted the following:

·         Appendix A of the report showed the existing premises licence for the Woodpecker Bar and Kitchen.

·         Paragraphs 1.2.1 and 1.2.2 detailed the Licensing Objectives the Applicants alleged to being undermined, namely the Prevention of Public Nuisance and the Prevention of Crime and Disorder.

·         The Police representation in support of the review application was detailed at Appendix M of the report, which added public safety as an additional licensing objective relevant to the hearing.  The documents at Appendix M were not for publication and were restricted to the Sub-Committee members, the Applicants and the DPS.

·         Appendix C of the report was the representation made by the DPS in response to the applicant as well as the findings of an assessment of music noise at the premises undertaken by an independent company.

·         Positive representations in support of the premises were detailed in Appendices D to L inclusive.

·         Planning authority observations were detailed in Appendix O of the report.

·         Appendix P were internal photographs of the licensed premises and external photographs showing location of nearby property, the Public Protection Manager explained what each photograph was showing.

·         Appendix Q showed an aerial view of the location of the premises in relation to the Applicants property as well as a map detailing the location of the premises alongside the A361.

·         Paragraph 4.3 of the report listed the current licensable activities authorised by the licence of the Woodpecker Bar and Kitchen.

·         The Public Protection Manager highlighted that the activities of live and recorded music were currently not licensable due to their hours of operation, but despite this a review could be sought. She explained that the Sub-Committee had powers to apply conditions relevant to the live and recorded music, as outlined in Paragraph 4.8 of the report. Moreover, it was highlighted that if imposing conditions a relevant statement would need to be inserted into the licence to the effect that  Section 177A of the Licensing Act 2003 would not apply.

·         The Public Protection Manager advised the Sub-Committee that they should be mindful to only consider matters that related to Licensing and not to consider any Planning issues or civil matters.  Examples were given of ownership of a bank, access issues and siting of cockerels.  Any information provided in relation to these areas should be treated purely for context and have no bearing on the decision which must be based upon the licensing objectives.

·         Paragraph 5  ...  view the full minutes text for item 31.