Plans for a new street food takeaway to sell alcohol are heading to a council hearing, even after a dispute over recorded music was resolved.
Hospitality Thirteen Ltd is seeking a premises licence for 43 St Andrews Road, Exmouth, allowing alcohol to be sold for consumption both on and off the premises.
The company has applied to sell alcohol from noon until 9pm from Monday to Saturday, and noon until 8pm on Sundays.
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The proposed public opening hours are noon to 8pm every day, with an extension to 9pm during the summer months.
A report prepared for East Devon District Council's licensing and enforcement sub-committee reveals that two objections were originally received, one from Exmouth Town Council and another from an individual.
Both objections concerned the prevention of public nuisance.
However, the town council subsequently withdrew its objection after discussions with the applicant.
During mediation, Hospitality Thirteen Ltd agreed to remove recorded music from its application, with the proposals amended accordingly.
The town council withdrew its representation following that change and after taking into consideration conditions agreed between the applicant and Devon and Cornwall Police.
Police had initially made a representation concerning the application but subsequently reached an agreed position with the company. No other responsible authorities submitted representations.
The remaining objector was sent the applicant's response to their concerns but confirmed they did not wish to withdraw their representation.
According to the council report, most matters raised in the individual's objection and subsequent correspondence fall outside the licensing sub-committee's remit and cannot be taken into account when determining the application.
Those complaints have instead been passed to the council's environmental health and planning departments for consideration.
The licensing hearing is scheduled for Wednesday, November 11, when councillors will consider whether the proposals meet the objectives set out under the Licensing Act 2003.
These cover the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
Members can grant the licence, impose or amend appropriate conditions, exclude particular licensable activities or reject the application.
The council says each application must be considered on its own merits, with conditions tailored to the individual circumstances.
A formal decision notice is expected to be issued within five working days of the hearing.
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