Councillor Thomas (J) was elected as Chairman for the meeting.

It was reported that the membership for item 68 had been amended for this meeting by including Councillor Doggett instead of Councillor Ellery.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 27 July 2017.

The Minutes of the meeting of the Sub-Committee held on 27 July 2017 were confirmed as a correct record and signed by the Chairman.

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of the following items on the agenda on the grounds that exempt information (as defined in Paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended) is likely to be disclosed.

Prior to consideration of the item in Minute 67 the press and public were formally excluded from the meeting on the grounds that the item involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Scheduled 12A of the Local Government Act 1972 (as amended).

To consider an application for a Summary (Expidited) Review of a Premises Licence.

Members considered a report on an application for a review of a Premises Licence in respect of The Globe Inn, 131 Winner Street, Paignton.

Written Representations received from:

Additional Information:

At the Hearing, the Respondent requested an extension to the normal allowance of 10 minutes to present the application.  The Chairman agreed to a total of 15 minutes.

Oral Representations received from:

Decision

That the Premises Licence in respect of The Globe Inn, 131 Winner Street, Paignton shall be suspended until the 31 January 2018 and will be subject thereafter to the following additional conditions:

i)       The exemptions under the Live Music Act 2012 shall be repealed in respect of these premises;

ii)      The Premises Licence Holder shall submit by 27 November 2017 a new plan of the premises which also clearly defines the licensable outside area, as proposed and agreed;

iii)     All amplified live and recorded music shall be played through a noise limiter;

iv)    The noise limiter shall be set at a level agreed by the Licensing Authority;

v)      The noise limiter shall be kept in a tamper proof container in a location where there is no public access;

vi)     A secure gate shall be in place to prevent unauthorised access to the premises licensable outside area;

vii)    The licensable outside area shall cease to be used by patrons after 8pm; and

viii)   A CCTV camera shall be located to monitor the outside licensable area by staff from within the premises main bar area.

Reasons for Decision

Having carefully considered all the written and oral Representations, Members resolved to suspend the Premises Licence with the agreement of the Respondents, as they were satisfied in the circumstances that the suspension was appropriate and proportionate, given the long and troubled history of this premises. 

In doing so, Members were confident that the suspension would allow the Premises Licence Holders sufficient time to refurbish the premises, maximise on the opportunity for a cultural change and to allow the premises time to distance itself from its own history which ensured  that the premises future operation would promote the Licensing Objectives.

Members determined that the additional conditions should alleviate the concerns raised by the Responsible Authorities and those of nearby residents, who lives in their opinion on the evidence before them, had been detrimentally effected by the historical operation of these premises.

In concluding, Members were  ...  view the full minutes text for item 67.

To consider adjourning the meeting until 2.00 p.m. on Thursday, 9 November 2017.

At this juncture the meeting was adjourned until 2.00 pm on Thursday 9 November 2017.

Councillor Doggett was elected as Chairman for the adjourned meeting.

It was reported that the membership for item 71 had been amended for this meeting by including Councillor Doggett instead of Councillor Thomas (J).

To consider an application for a Review of a Premises Licence.

Members considered a report on an application for review of a Premises Licence in respect of Torbay Court Hotel, Steartfield Road, Paignton.

Written Representations received from:

Additional Information:

Prior to the Hearing the Respondent’s Representative provided additional information which was circulated to Members and Interested Parties. 

During the hearing it became apparent that the applicant required an extension of time for their oral submissions, the extension of time was granted to all Interested Parties.

Oral Representations received from:

Decision

That the Premises Licence in respect of The Torbay Hotel, Steartfield Road, Paignton be amended to include the following additional conditions:

i)       The exemptions under the Live Music Act 2012 shall be repealed in respect of these premises;

ii)      All amplified live and recorded music shall be played through a noise limiter;

iii)     The noise limiter shall be set at a level agreed by the Licensing Authority;

iv)     The noise limiter shall be kept in a tamper proof container in a location where there is no public access;

v)      Any adjustments to the noise limiters level shall only be made in consultation with the Licensing Authority;

vi)     The premises shall have an in-house PA system or something similar to ensure that the agreed level set on the noise limiter is maintained;

vii)    All entertainers and performers using amplified equipment must use the premises in-house PA system or something similar to ensure that the agreed levels set on the noise limiter are maintained;

viii)   A suitable and sufficient ventilation system must be installed and maintained in the areas of the premises where regulated entertainment takes place by 31 May 2018;

ix)     There shall be no more than 6 persons associated with the Premises being permitted in the designated smoking area after 8 pm;

x)      Suitable and sufficient size signage agreed by the Licensing Authority shall be displayed in prominent positions within the Premisesand its outside areas to remind guests to respect neighbours and keep noise to a minimum.

Reasons for Decision

Having carefully considered all the written and oral Representations, Members resolved to modify the Premises Licence having been satisfied that the  ...  view the full minutes text for item 71.