Agenda and minutes

Venue: Zoom Meeting - Virtual (meeting joining details can be found on the agenda frontsheet or agenda reports pack)

Contact: Lisa Antrobus  Governance Support Officer

Items
No. Item

12.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Ellery was elected as Chairman for the meeting.

13.

Review, following an application made under section 53A for a Summary (Expedited) Review of a Premises Licence for The Sporty's,80 Belgrave Road, Torquay pdf icon PDF 289 KB

Review of a Premises Licence following an application made under 53A for a Summary Review of a Premises Licence in respect of The Sporty’s, 80 Belgrave Road, Torquay.

Additional documents:

Minutes:

Members considered a report on an application for a Full Review of a Premises Licence, following an application made under section 53A for a Summary (Expedited) Review of The Sporty’s, 80 Belgrave Road, Torquay.

 

Written Representations received from:

 

Name

Details

Date of Representation

Applicant (Police)

Application for Summary Review from the Police.

1 December 2020

Police

Additional information including a chronology and witness statements.

Various

Public Protection Officer

Representation in support of the Application for a Review.

16 December 2020

 

Additional Information:

 

The Applicants (Police) requested an extension of time for oral submissions, the Chairman agreed to the extension and advised that all parties present would have 15 minutes for oral submissions.

 

Oral Representations received from:

 

Name

Details

Applicant (Police)

The Applicant outlined the Application for Review and responded to Members questions.

Respondent (Mr Lang)

The Respondent submitted a response to the Review and answered Members questions.

Public Protection Officer

The Public Protection Officer outlined his representation and responded to Members questions.

 

Decision

 

That the interim step to suspend the Premises Licence in respect of The Sporty’s, 80 Belgrave Road, Torquay, shall cease.

 

Mr Lang shall be removed as the Premises Designated Premises Supervisor, with immediate effect.

 

That the following two condition shall be added to the Premises Licence:

 

The Premises Licence Holder, Mr Lang shall not be permitted to consume alcohol on the Premises during his working hours.

 

The Premises Licence Holder, Mr Lang shall not be under the influence of alcohol on the Premises during his working hours.

 

Reasons for Decision

 

Having carefully considered all of the written and oral Representations, Members of the Sub-Committee resolved that on the evidence before them, the appropriate option in this instance, is to remove Mr Lang as the premises Designated Premises Supervisor, with immediate effect and modify the premises licence with the two specified additional conditions. 

 

In coming to that decision, Members noted the concerns raised by the Police and Public Protection Officers in respect of Mr Lang’s management of these Premises and his subsequent non-compliance with conditions of his Premises Licence and Covid related Regulations, despite numerous advice and guidance being given to him by the Responsible Authorities.

 

Members noted the Responsible Authorities submissions that Mr Lang was capable of sustaining periods of time where he was able to operate the Premises without concern. However, in noting Mr Lang’s description of the Premises, in that it was a locals pub where he knew everyone and everyone knew him, Members determined that when under the influence of alcohol, the standards reasonably expected by them of a responsible licensee slipped and the demarcation for Mr Lang of his professional and home life became blurred, to the extent that he was at times found to be operating the Premises whilst under the influence of alcohol. This was also evidenced by Mr Lang, in the company of friends, using the Premises and its facilities to drink and play pool, when in fact, the Premises should have been closed. Members determined  ...  view the full minutes text for item 13.