Agenda and draft minutes

South Hams Licensing Sub-Committee - Thursday, 20th August, 2015 10.00 am

Venue: Cary Room - Follaton House. View directions

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No. Item


Appointment of Chairman





That Cllr Holway be appointed Chairman for the duration of the meeting.



Declarations of Interest

Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests; they may have in any items to be considered at this meeting;



Members and officers were invited to declare any interests in the items of business to be considered during the course of the meeting but none were made.



To determine an application for a new Premises Licence for Firewood Restaurant and Bar, Marldon



The Sub-Committee considered a report that sought to determine an application for a new Premises Licence at Firewood Restaurant and Bar, in accordance with Section 18 of the Licensing Act 2003.


The Licensing Specialist introduced the report and outlined the application.  Members’ attention was drawn to the plans and photographs submitted as part of the application.  Additional information was shared regarding the planning application however Members were reminded that determination of the planning application was a separate process to the licensing application being determined at this meeting. 


1.       Address by the Applicant:


The Applicant advised that he wished to offer good food and fine dining, and would like to be able to serve alcoholic beverages with dinner and there was no intention to offer drink without food.  He wanted to appeal to families and was aware that the location of the premises would require customers to drive, therefore making it more suitable as an eating establishment.


2.       Address by the Planning Agent:


The Agent understood that the licensing application was separate from the planning application, however there were similarities.  The site had the benefit of permission for A3 use allowing the sale of food and drink.  Several of the objections to the planning application focused on traffic issues. However, the Highways Authority had examined the access and were satisfied that the nature of the use was acceptable.  The impact on neighbouring properties was looked at through the planning process, similar issues had been considered through the licensing application.  The application addressed promotion of the statutory licensing objectives.


3.       Address by the Objector’s representative:


Cllr Pennington noted a number of issues in relation to the application and was particularly concerned that no representations had been received from the Police Authority during the consultation period.  He also proceeded to raise specific concerns over noise impact, light pollution and access.  Finally, he raised concerns about public safety relating to pedestrian access to the premises.


4.       Address by the Objectors:


The Objectors stated that he accepted the best intentions of the applicant, however the licence may not stay with the present applicant and a new owner may have a different view.  As a near neighbour to the application site, he also raised concerns over noise nuisance, particularly as the site had an outside seating area from which noise would be audible, light pollution and public safety.


The attendees then had a discussion during which their various points were raised and debated, and the Members of the sub-committee put questions to the respective parties.



(At 11.15am, the Sub-Committee adjourned in the presence of Mrs Nightingale to consider the application and reconvened at 11.35am).


5.    The Decision


The Chairman read out the following statement:


We have considered the application for a new premises licence.


We have considered the Statement of Licensing Policy, the government guidance and our obligations that relate to the promotion of the licensing objectives.


We have read carefully the written representations from parties not present today and have read carefully representations received  ...  view the full minutes text for item LSC.6/15