The Licensing Act Sub Committee is scheduled to convene to consider an application to vary a premises licence for Upstairs Social, and to elect a chair for the meeting. Councillors Debra Clegg, Brian Clemens, and John Martin are expected to be in attendance. The application to vary the licence for Upstairs Social was deferred from a previous meeting on 3 December 2025, to allow for further negotiation between the applicant and Devon and Cornwall Police.

Here's what the report pack says will be up for discussion:

Licensing Act 2003 - Application to Vary a Premises Licence Upstairs Social, 20A Belle Vue, Bude, EX23 8JL

The sub-committee will consider an application from Upstairs Ltd to vary the premises licence for Upstairs Social, a bar and food public house located at 20A Belle Vue, Bude, EX23 8JL. The application seeks to vary the licence by removing and adding conditions, and changing the plan. According to the Public reports pack, there are no proposed changes to the operating hours or licensable activities of the premises.

The report pack includes a summary of the main implications of the application, noting that all parties have a right of appeal and that the council has a duty under section 17 of the Crime and Disorder Act 1998 to exercise its functions with due regard to the need to prevent crime and disorder in its area.

The report pack also refers to the council's Licensing Act 2003 Policy, stating that applicants are required to include in their operating schedules measures that are appropriate to promote the licensing objectives, including:

• measures to promote public safety and prevent crime and disorder
• measures to control the adverse effects of noise, disturbance, smells, and waste
• measures to protect children from harm

The report pack includes the existing premises licence and plan, the proposed new plan, and communications between the applicant and Devon and Cornwall Police.

Proposed New Conditions and Removal of Existing Conditions

The applicant, Upstairs Ltd, is proposing to add several new conditions to the premises licence, focusing on general responsible management, prevention of crime and disorder, CCTV operation, drugs policy, drink spiking prevention, and safeguarding. These include measures such as:

• Training for staff on alcohol sales legality and procedures
• Maintaining an incident log and sales refusal register
• Implementing a drugs policy and providing substance misuse training
• Promoting the Ask for Angela safeguarding initiative¹
• Ensuring that CCTV systems are properly installed, maintained and operated

The applicant is also proposing to remove a number of existing conditions, including those relating to:

• The requirement for all alcohol sales to be made or authorised by a personal licence holder
• The use of SIA door staff during late night entertainment
• The maintenance of a list of taxi numbers
• The use of a biometric system for counting customers
• The provision of a segregated smoking area
• The use of glassware and cutlery after 00:00

Representation from Devon and Cornwall Police

The report pack includes a representation from Devon and Cornwall Police, outlining their concerns regarding the application and suggesting additional conditions to promote the licensing objectives. The police representation states that Devon and Cornwall Police have made considerable efforts to assist the applicant in preparing an appropriate operating schedule for the premises, but despite these efforts the applicant has failed to incorporate the recommendations provided within the variation application. As a result and in the light of the applicants non-compliance with the advised framework, the police have submitted this representation to formally raise concerns regarding the proposed variation.

The police suggest a number of additional conditions, including:

• All staff responsible for making alcohol sales, supervisors and managers must be trained in the legality and procedure of alcohol sales.
• An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature.
• CCTV must be installed, maintained and be compliant with the guidance contained in the Information Commissioner's Office (ICO) guidance document, including registering with the ICO
• The membership database shall be maintained and operated exclusively during hours when public access is prohibited.
• There shall be a secure police approved drugs box at the premises.
• Provision of signage and information to alert customers to the risk of drink spiking, as well as medical and reporting actions needed as soon as an incident is suspected.
• The premises shall actively promote the Ask for Angela safeguarding initiative.
• Challenge 25 policy if a young person, who appears to be 25 or under asks for alcohol, they will be required to prove their age before being served
• All licensable activities must conclude by midnight
• The premises must be closed no later than 01:00am

The report pack also includes a document of conditions submitted by the applicant for consultation, and previous Licensing Act Sub-Committee minutes and report.

Communications Between Applicant and Police

The report pack includes copies of email correspondence between Gavin Ashton, Director Upstairs Limited, and Police Licensing Officer E Mayor, regarding the police representation and proposed conditions.

In one email, E Mayor states that the police have submitted formal representations in response to your application. These representations reflect concerns that your proposed conditions are not sufficiently clear or enforceable, which is a critical requirement under the Licensing Act.

Gavin Ashton responds, stating that we have in draft a number of queries and responses to various outstanding email threads, including the one below, which serves only to clarify the various gaps in understanding of the status of the conditions you've submitted, as well as any position on outstanding matters. This communication will be forthcoming this week, in due course.

In a later email, E Mayor provides suggested wording for a condition relating to premises operating beyond midnight: If licensable activities conclude at midnight, there is no requirement for SIA, and the premise must be closed by 0100hours. If licensable activities are to continue beyond midnight, then a minimum of 2 SIA doorstaff, and at a ratio of 1:100 thereafter, must be on duty from 2300hrs until close and all patrons have dispersed.

The supplementary agenda includes a Key – Green agreed conditions, pink not agreed, red agreed to delete to show the current position on the proposed conditions.

Election of Chairman for the Meeting

The agenda includes the election of a chairman for the meeting. The procedure for the conduct of licensing sub-committee hearings includes the election of a chairman as the first item.