Agenda and draft minutes

To elect a Chairman for the Licensing Sub Committee

Cllr Mrs F J Colthorpe was duly elected Chairman of the Sub Committee

To receive any apologies or substitute members

There were no apologies

Members to note the remote meetings protocol

The Sub Committee had before it, and NOTED, the *Remote meeting protocol.

Note: *Remote meeting protocol previously circulated and attached to the minutes

During discussion of the following item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Sub Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. 

To consider passing the following resolution so that information relating to an individual may be discussed.

Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 respectively of Part 1 of Schedule 12A of the Act, namely information relating to any individual.

RESOLVED that under Section 100A (4) of the local Government Act 1972, the public be excluded from the meeting on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.  

(Proposed by the Chairman)

An application has been received for a new premises licence for Porters Bar and Grill, 10 High Street, Cullompton, Devon, EX15 1AA.

Relevant representations have been received and the licensing authority (Mid Devon District Council) must hold a hearing to determine the application.    

Consideration was given to a report * of the Lead Licensing Officer relating to an application that had been received by Porters Bar and Grill, 10 High Street Cullompton, Devon EX15 1AA.  This was a requirement of the Council as the Licensing Authority.

There were no interests to declare.

The Lead Licensing Officer stated that the reason for the hearing was that a new premise license application had received representations objecting to the application and the Council, as the Licensing Authority, was obliged to hold a hearing to determine the application.

The Sub Committee heard from the Applicant, interested parties and the Police Licensing Officer.

The Sub Committee then withdrew to consider the evidence.

On its return the Sub Committee went back into open session.

Having reflected on the evidence presented to the Sub Committee:

It was RESOLVED that the New Licence Application for 10 High Street, Cullompton, Devon, EX15 1AA be granted.

In making its decision the Sub Committee acknowledged the licensing objectives and the concerns raised by submitted representations. The reasons for granting the licence were;

·         The applicant had accepted every condition imposed by the police licensing officer

·         Representations with regard to the lease/civil litigation/possession and the conduct of the applicant were irrelevant to the granting of a premise licence

·         The Council had investigated allegations of illegal trading but these had not been proven

·         The applicant had presented a comprehensive licencing application