Agenda item

Report by Acting Service Lead (Licensing) Officer, (attached).

Also present:

Mr Schamotta, (applicant) and Interested Party, Planning Officer (BC).

The Chair introduced himself and those present.

The Acting Service Lead (Licensing) Officer confirmed that all formal requirements had been met and the application properly made.

The Legal Officer outlined the process for the hearing.

The Acting Service Lead (Licensing) Officer present his report, (circulated previously), in respect of the application for a premises licence for Madrigal Brewery, Unit 2, Hele Business Park, Witheridge Place, Ilfracombe, Devon, EX34 9RA application reference 051118.

The Applicant presented his case as follows:

In response to a question about how long he had run his business in Lynmouth, the Applicant advised three years.

In relation to a question about how he envisaged managing numbers visiting the premises, the Applicant replied that footfall had not been an issue at his previous business and he expected the same to be true at Ilfracombe.

In response to a question about access for emergency vehicles, the Applicant replied that there was space in front of the premises for an ambulance to park and the builders merchants nearby had good turning access for a fire engine.

In response to a question about the number of parking spaces available, the Applicant confirmed there were two dedicated bays to the front of the premises, one of which he would be using, and there were a further two bays across the road.

In relation to the need for additional parking spaces the Applicant advised he would consider advertising the use of the car park further down the road at the Holiday Park and advising patrons to walk to his premises.

The Planning Officer gave her presentation.  The Planning authority had concerns regarding access to the premises from the A399.  The access was not easy with no pedestrian crossing or footpath, the number of articulated Lorries using the road was the reason for the public safety concern.

In response to a question regarding the number of traffic movements anticipated, the Planning Officer advised she did not know how many extra movements this premises would generate. 

In relation to knowledge of any accidents in the area both the Applicant and Planning Officer confirmed they knew of none.

In his summing up the Applicant stated that the Community Group nearby and the Electricians business generated more traffic movements than he expected to generate.  He could only base his experience on his previous business at Lynmouth.

The Acting Service Lead (Licensing) Officer was asked to sum up.

The Interested Party, Planning Officer was asked to sum up.

RESOLVED, that everyone be excluded from the meeting with the exception of Members, the Legal Officer and the Committee Clerk in order for the sub-Committee to receive legal advice in accordance with Paragraph 5 of Schedule 12A of the Local Government Act 1972.

RESOLVED, that everyone be re-admitted to the meeting.

The Chair requested that the Committee Clerk read the proposed decision, which was voted upon and agreed.

RESOLVED, that the application for a premises licence in respect of Madrigal Brewery, Unit 2, Hele Business Park, Witheridge Place, Ilfracombe, EX34 9RA, application reference 051118 be granted as applied for subject to the conditions listed in Appendix G of the report.

On reaching its decision the Sub-Committee noted the concerns raised by the Local Planning Authority, however, they were mindful that no evidence had been submitted to show that any accidents had taken place in the locality.  Furthermore, they did not consider that sufficient evidence had been provided to demonstrate that there would be any additional traffic generated by the onsite supply of alcohol on the premises so as to warrant a refusal of the premises licence on the grounds of public safety.