Agenda item

To receive a report from the Lead Licencing Officer.

The Chair opened the meeting, introducing the Licensing Sub-committee Members and Torridge District Council staff present.  He advised that the hearing had been convened to consider an application for a premises licence – Fireaway Pizza, Bideford.

The Councillors present declared they had no personal or prejudicial interests in the application.

The Chair asked the applicant to identify himself along with any representatives and witnesses. There were no representatives or witnesses present.

The Lead Licensing Officer confirmed there were no responsible authorities or objectors present.

The Chair explained the procedure and purpose of the hearing.

The Lead Licensing Officer was invited to present the report, the purpose of which was to provide the Sub-Committee with information relating to an application for a premises licence for Fireaway Pizza, Bideford to enable the sub-Committee to determine the application.

It was advised that 4 objections had been received and they related to the prevention of crime & disorder and the prevention of public nuisance licensing objectives.

The Chair thanked the Lead Licensing Officer for his report and asked the panel if they had any questions for the Lead Licensing Officer.

Following a query, it was confirmed that under licensing legislation retailers can apply for a licence for 24/7 with no restrictions at all.

The applicant was invited to put forward his case.

The applicant advised how he had first applied for a personal licence however after receiving some advice had decided to apply for a premises licence and was prepared to take appropriate steps and measures to aid the approval of the licence.

The panel were invited to ask questions.

In response to queries from the Chair and the Lead Licensing Officer, the applicant clarified his intended opening hours.

The Sub-Committee retired at 10.16am.

At 10.28 the Lead Licensing Officer joined the Sub-Committee for advice.

The Sub-Committee returned at 10.37am.

The Chair stated that the Sub-Committee had carefully considered the matter and oral evidence of all parties.

The only concern the Sub-Committee had, was regarding the side access to the premises. The Lead Licensing Officer clarified with the applicant the side access in question and the applicant confirmed that the access belonged to someone else and there would be no public access.

The Sub-Committee had regard to the Guidance issued by the Home Office under s.182 of the Act, to the Councils Statement of Licensing Policy and all evidence presented to the panel and decided to grant the application with additional conditions.

The Sub-Committee acknowledged that whilst the representations submitted did relate to the licensing objectives, there was no evidence the premises would result in an increase in crime and disorder or nuisance. However, to address concerns relating to the use of Hart Street and issues relating to cleanliness it decided to impose the following conditions:

·         Public access via Mill Street only.

·         Side entrance on Hart Street restricted to staff only.

·         Sufficient measures must be in place to remove litter/waste arising from customers and to prevent litter/waste accumulating in the immediate vicinity of the premises. Where necessary adequate measures must be in place to provide customers with sufficient receptacle for the disposing of waste material.

The Sub-Committee also acknowledged that should there be any breaches of the licensing objectives after the issue of the licence, any member of the public can make representations for a review hearing.