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Licencing Sub Committee - Tuesday, 3rd December, 2024 2.00 pm
December 3, 2024 View on council websiteSummary
Mid Devon District Council's Licencing Sub-Committee met to discuss an application for a new premises licence for The Seahorse pub, on 10 Newport Street in Tiverton. The application was granted with several modifications. These included limits on the pub's opening hours, a ban on live and recorded music after 11pm, and the adoption of a number of conditions that had previously been agreed with the Devon and Cornwall Police.
The Seahorse Premises Licence Application
This application was discussed at length because several local residents had written to the council to object to the application. The meeting gave the applicants, Mr Jamie Frost and Miss Natalie Green, a chance to respond to the concerns of local people, and to try to find a compromise with them.
The key issues raised by the residents were:
Potential for noise nuisance
Several residents were concerned about the potential for noise from The Seahorse.
Antisocial behaviour and noise nuisance caused by loud music inside the premises and people just outside the premises.
Extract from a representation made by a resident of Castle Street
The applicants responded by saying that they had installed a decibel meter, and would ensure that music was kept at a reasonable level.
...he had invested in a decibel meter to monitor the noise and would keep records. On previous occasions, the highest decibel reading had reached 56.4 decibels and had been reduced to 48.2 decibels when the doors were open. On both occasions, no issues had been reported
Extract from the minutes of the meeting of Mid Devon District Council's Licensing Sub-Committee held on 03 December 2024
Councillor Downes acknowledged that residents' concerns about noise levels were valid, but reminded the meeting that the applicants were within their rights to play live music until 11pm.
Councillor J Downes explained that despite the public concerns, which he fully understood the licensee did not need to do any of the above. Music could be played until 11:00 pm and he was encouraged that the Licensee was aware of this but he was still happy to condition this.
Extract from the minutes of the meeting of Mid Devon District Council's Licensing Sub-Committee held on 03 December 2024
As a compromise, the applicants offered to make it a condition of their licence that no live or recorded music would be played at the pub after 11pm. The Sub-Committee agreed to this.
Public Safety
The residents also raised a number of concerns about public safety, particularly the risk of overcrowding, and the fact that The Seahorse is very close to a busy road.
The small space inside the premises can only fit a small number of people, I am concerned that at busy times there could be too many people inside the premises, and if there is a fire or another reason to vacate the premises quickly people may become trapped or injured as there is only one entrance/exit in the premises.
Extract from a representation made by a resident of Castle Street
The applicants responded by agreeing to reduce the pub's capacity from 60 to 40 people. This was based on the pub's fire risk assessment, which had been carried out in accordance with The Regulatory Reform (Fire Safety) Order 20051.
The residents had also called for the applicants to hire door staff at peak times to control the number of people entering and leaving the building. The applicants responded by saying that this would be financially unviable.
To hire a doorman was not a viable option financially and the pub would have to close if this was a condition. The only way to make this viable would be to remove the furniture and increase the capacity to 80 people.
Extract from the minutes of the meeting of Mid Devon District Council's Licensing Sub-Committee held on 03 December 2024
The Sub-Committee did not make the hiring of door staff a condition of The Seahorse's licence.
Antisocial behaviour
The residents also raised concerns about the potential for antisocial behaviour.
I have had problems with patrons from the premises in the past urinating on my front door.
Extract from a representation made by a resident of Castle Street
There were particular concerns about the potential for noise from customers smoking outside the pub late at night. The applicants responded by saying that they had installed ashtrays as far away from homes as possible, but that they would be prepared to remove them if this was felt to be necessary.
...he would be happy to give his email and telephone number to report any problems with noise. However, this information would not be displayed in the pub window. The ashtrays provided were there as a temporary measure and they could be removed.
Extract from the minutes of the meeting of Mid Devon District Council's Licensing Sub-Committee held on 03 December 2024
One resident suggested that the pub should build a lobby to reduce noise from people entering and leaving the pub. The applicants did not respond to this suggestion.
Would it be possible to build a lobby so that when the door opened with people coming in and out the noise would be reduced?
Extract from the minutes of the meeting of Mid Devon District Council's Licensing Sub-Committee held on 03 December 2024
The Sub-Committee acknowledged the residents' concerns about antisocial behaviour, but reminded those present that this was primarily a matter for the police.
The Sub-Committee would like to remind the parties that should future concerns arise the matter should be reported to the Police and the Licensing Authority to deal with such matters.
Extract from the minutes of the meeting of Mid Devon District Council's Licensing Sub-Committee held on 03 December 2024
CCTV
One of the conditions that had been agreed with the police was that CCTV should be installed at the pub. The Sub-Committee welcomed this, but decided that it was not necessary to make CCTV a formal condition of the pub's licence.
We were pleased the applicant had offered CCTV and would encourage its installation and its use. We did not feel that there was a need at this time for it to be conditioned.
Extract from the minutes of the meeting of Mid Devon District Council's Licensing Sub-Committee held on 03 December 2024
Opening Hours
The applicants had applied to open until midnight from Sunday to Thursday, and until 2am on Friday and Saturday. The residents felt that these hours were excessive, and suggested that the pub should close at 11pm every night. In the end, the applicants agreed to the following opening hours:
- Monday - Thursday: 12pm to 10pm
- Friday & Saturday: 12pm to midnight
- Sunday: 12pm to 9pm
The pub will also be allowed to stay open until 1am on Christmas Eve and 2am on New Year's Eve. However, in line with the conditions agreed with the police, no alcohol will be served during the last 30 minutes of opening hours.
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The Regulatory Reform (Fire Safety) Order 2005 places a duty on any person who has control of a premises, to take reasonable steps to reduce the risk from fire, and to make sure people can safely escape if there is a fire. Most businesses and organisations are covered by The Regulatory Reform (Fire Safety) Order 2005. This includes offices, shops, care homes, pubs and restaurants. The Regulatory Reform (Fire Safety) Order 2005 doesn't apply to people's homes. ↩
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