Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Cllr C Adcock with Cllr A Cuddy substituting for him.

To elect a Chairman for the Sub-Committee.

Cllr A Cuddy was elected Chairman of the Sub Committee.

An application has been received to vary the premises licence for General Sir Redvers Buller, 37 High Street, Crediton, Devon, EX17 3JP.

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

An application had been submitted to vary the premises licence for General Sir Redvers Buller, 37 High Street, Crediton, Devon, EX17 3JP.

The Chairman introduced the Members of the Sub-Committee and officers present and explained the process for the Hearing.

Cllr J Downes declared that he had visited General Sir Redvers Buller in the past but not since the change of ownership.

The Licensing Sub-Committee agreed that the meeting should be heard in public session and that there would be no time limit for speakers.

The Licensing Specialist Lead outlined the contents of the report as follows:-

·         The applicant had withdrawn sections of the application by removing all forms of regulated entertainment – plays, live music, recorded music, performance of dance and anything similar.

·         The application was now limited to removing the following condition from the license:-

The premises shall operate in accordance with the document “J D Wetherspoon PLC Overview of Operations”, which would only be changed or amended after consultation and with the agreement of the Licensing Authority.

·         The Licensing Team notified other parties of the proposed changes to the application and asked if they would be willing to withdraw their representations.  Eight parties withdrew and five did not so therefore Licensing Officers believed it was necessary to continue with the Hearing process.

·         As a result of the amendments to the Licensing Act 2003, a range of activities no longer required a licence across England and Wales.  Information was given about the circumstances in which live and recorded music did not need a licence.

·         The Section 182 Guidance confirmed where a beer garden did not form part of the relevant licensed premises and was not included in the plans attached to a premises licence or club premises certificate, it was likely that it would be a workplace.

·         The Licensing Officer explained that the beer garden did not form part of the “licensed area” and was therefore not licensed.  As a result, the workplace exemption may be applied to the beer garden.

·         For the protection of residents anyone could apply for a review of the licence if there were appropriate grounds to do so.

·         Options for the Sub-Committee were to:-

(i)            Grant the application as applied for;

(ii)          Modify the conditions of the licence;

(iii)         Reject the whole or part of the application.

·         The applicant could not attend the Sub-Committee today but had replied to an email to clarify the conditions within the Application.  This had been shared with the Sub-Committee prior to the Hearing.

The following questions/statements were raised:-

·         Esme Cooper, a local resident informed the Sub-Committee:-

(i)            That she lived alongside the pub and any noise or activity held within the beer garden could be heard by her at all times.

(ii)          When Wetherspoons owned the pub they had a “no music” policy so she was never disturbed by loud or background music.

(iii)         There were families close by with autistic children and elderly neighbours all of whom would be affected.

(iv)         The Temporary Event Notice  ...  view the full minutes text for item 6.