Agenda and minutes

Venue: Meadfoot Room, Town Hall, Castle Circus, Torquay, TQ1 3DR

Contact: Kay Heywood  Governance Suppport Officer 01803 207026

Items
No. Item

17.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Addis was elected as Chairman for the meeting.

18.

Apologies

To receive apologies for absence, including notifications of any changes to the membership of the Committee.

Minutes:

It was reported that the membership of the Sub-Committee had been amended for this meeting by including Councillor Bent instead of Councillor Brooksbank.

19.

Minutes pdf icon PDF 36 KB

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 16 August 2012, 23 August 2012 and 20 September 2012.

Additional documents:

Minutes:

The Minutes of the meetings of the Sub-Committee held on 16 August 2012, 23 August 2012 and 20 September 2012 were confirmed as a correct record and signed by the Chairman.

20.

Licensing Act 2003 – An application for a Premises Licence – Minerva Hotel, 3 Adelphi Road, Paignton TQ4 6AW pdf icon PDF 111 KB

To consider an application for a Premises Licence – Minerva Hotel, 3 Adelphi Road, Paignton TQ4 6AW.

Additional documents:

Minutes:

Members were informed that the Applicant had not returned their Notice and was not in attendance.  However, the Owner and the General Manager of the Minerva Hotel were present.

 

Following enquiries with Officers of the Licensing Department which resulted in confirmation that they have no record of dealing with these individuals in the course of this application, the Legal Officer advised that this matter should not proceed in the absence of or written indication from the Applicant that those present be permitted to act on his behalf.

 

Following discussions, it was agreed to put the matter  back until 11.15am for either the named Applicant to attend or written and signed permission by the Applicant for the Owner and/or General Manager to present the application on his behalf. The Owner of the Premises was advised by the Legal Officer that if neither of these proposals could be obtained, then the matter would be rescheduled to the next available Licensing Sub- Committee which would be on the 8th November 2012.

 

Following the arrival of the Applicant, Members considered a report on an application for a Premises Licence in respect of Minerva Hotel, 3 Adelphi Road, Paignton TQ4 6AW.

 

Written Representations received from:

 

Name

Details

Date of Representation

Public Protection

Representation received in respect of the Licensing Objective

‘The Prevention of Public Nuisance’.

20 September 2012

Members of the Public

Seven Representations received in respect of the Licensing Objectives ‘The Prevention of Public Nuisance’ and The Prevention of ‘Crime and Disorder’.

19 September 2012 (2)

24 September 2012 (2)

25 September 2012

26 September 2012

 

The Licensing Sub-Committee noted that some Notices had not been returned by Members of the Public who knew the Meeting was taking place.  Members agreed it was in the public interest to continue with the meeting.

 

A plan was circulated to Members with the Chairman’s approval, which had been omitted from the submitted report at Appendix 2 – Plan of Premises along with a Google Map of the premises location for Members information.

 

Oral Representations received from:

 

Name

Details

The Applicant and General Manager

The Applicant outlined his application, as set out in the submitted documents and responded to Members questions.

Public Protection

The Public Protection Officer outlined details of his submitted document and responded to Members questions.

Local Ward Councillor

The Local Ward Councillor highlighted her concerns in respect of the application and responded to Members questions.

 

Applicant’s response to Representations

 

The Steak House is to be a fine dining family restaurant for up to 30 patrons and residents of the Hotel and would not be open to members of the public who only wanted a drink

 

Decision

 

That the application for a Premises Licence in respect of Minerva Hotel, 3 Adelphi Road, Paignton TQ4 6AW be granted from 6pm to 11pm Monday to Saturday and 6pm to 10pm Sunday, subject to the following conditions which are in addition to those proposed by the Applicant in their Operating Schedule:

 

1)            Service of alcohol shall be by  ...  view the full minutes text for item 20.

21.

Licensing Act 2003 – An application for a Variation to a Premises Licence in respect of Waters Edge Hotel, Corbyn Head, Torbay Road, Torquay TQ2 6QH pdf icon PDF 129 KB

To consider an application for a Variation to a Premises Licence in respect of Waters Edge Hotel, Corbyn Head, Torbay Road, Torquay TQ2 6QH.

Additional documents:

Minutes:

Members considered a report on an application for a Variation to a Premises Licence in respect of Waters Edge Hotel, Corbyn Head, Torbay Road, Torquay TQ2 6QH.

 

Written Representation received from:

 

Name

Details

Date of Representation

Member of the Public

One Representation received in respect of the Licensing Objective ‘The Prevention of Public Nuisance’.

12 September 2012

 

Applicants Solicitor

Applicant’s Solicitor submitted correspondence to the Council’s Licensing Department which addressed concerns raised by the Interested Party in their written Representation.

15 October 2012

 

 

The Licensing Sub-Committee noted that the Interested Party had returned their Notice to confirm that they would not be attending the hearing.   The Council’s Senior Licensing Officer presenting the matter informed Members that she had spoken with Interested Party at length and they felt it was not necessary to attend the hearing, as all the points were covered in their submitted Representation. In light of these facts, Members agreed it was in the public interest to continue with the hearing in the absence of the Interested Party.

 

Members noted that there were no Representations from any of the Responsible Authorities.

 

Oral Representations received from:

 

Name

Details

The Applicant’s Solicitor

The Applicant’s Solicitor outlined the application, as set out in the submitted documents and responded to Members questions.

 

Decision

 

That the application for a Variation to a Premises Licence in respect of Waters Edge Hotel, Corbyn Head, Torbay Road, Torquay TQ2 6QH be granted as applied for, subject to the conditions put forward by the Applicant in their Operating Schedule and that the proposed removal of conditions, 3, 4 and 6 at Annexe 2 of the Premises Licence 277, be removed.                       

 

Reason for Decision

 

Having carefully considered the oral and written Representations, Members resolved to grant the application having been satisfied that the conditions put forward by the Applicant have addressed the previous nuisance, as experienced by the Interested Party which has since resulted in no further complaints.  This position was confirmed by the Council’s Environmental Protection Officer who was present at the hearing.