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

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 26 April 2018 and 31 May 2018.

The Minutes of the meeting of the Sub-Committee held on 26 April 2018 and 31 May 2018 were confirmed as a correct record and signed by the Chairman.

To consider an application for a Variation to a Premises Licence in respect of Farmhouse Tavern, 130 Newton Road, Torquay.

Members considered a report on an application for a Variation to a Premises Licencein respect of Farmhouse Tavern, 130 Newton Road, Torquay. 

Written Representations received from:

Oral Representations received from:

Applicant’s response to Representations:

Prior to the Hearing, the Applicant’s Representative provided and requested the circulation of his skeleton argument on behalf of the applicant. 

Decision:

That the application for variation to Premises Licence in respect of Farmhouse Tavern, 130 Newton Road, Torquay be approved, as applied for and subject to the following additional conditions as proposed by the Licensing Authority’s Public Protection Officer and agreed by the Applicant:

i)             Patrons shall not be permitted to use the premises beer gardens from 10 pm to 7 am Sunday to Thursday and 11 pm to 7 am Friday and Saturday; and

ii)             The premises shall have a designated smoking area which is located at the front of the premises at the furthest point away from residential properties;

iii)            No external speakers shall be permitted in the premises outside areas; and

iv)           All live and recorded music shall cease at the premises at 11pm.

In addition, the following conditions shall be inserted on to the Premise Licence, as determined by Members of the Licensing Sub-Committee which they resolved to be appropriate:

v)            To reduce noise break out, all doors and windows facing on to any noise sensitive premises (e.g residential dwellings) shall be kept shut during regulated entertainment, save for necessary access and egress;

vi)           The designated smoking area shall be monitored by staff to ensure that any noise emanating from this area does not unreasonably disturb nearby residents;

vii)         No drinks shall be permitted in the designated smoking area from 10 pm to 7 am Sunday to Thursday and 11 pm to 7 am Friday and Saturday; and

viii)        The premises beer gardens shall be monitored by staff to ensure that noise emanating from these areas do not unreasonably disturb nearby residents.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to grant the variation application, as they were satisfied that with the additional conditions set out above, these premises would not undermine the Licensing Objectives.

In coming to that decision, Members had regard to the concerns raised by members of the public and  ...  view the full minutes text for item 20.

To consider an application for a new Premises Licence in respect of Inspirations, 4 The Quay, Brixham.

Members considered a report on an application for a Premises Licence in respect of Inspirations, 4 The Quay, Brixham.

Written Representations received from:

Oral Representations received from:

Decision:

That the application for a Premises Licence in respect of Inspirations, 4 The Quay, Brixham be granted in respect of off-sales only.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to grant the application in respect of off-sales only, as they were satisfied that in doing so the Licensing Objectives would not be undermined.

In coming to that decision, Members noted the absence of Representations from any Responsible Authorities following prior consultation with them by the Applicant and that the majority of concerns raised by members of the public, were in respect of the on-sales element of the application only. Members further noted the submissions at the hearing by some members of the public and the instructed legal representative that off-sales were fine, and that it was the on-sales which gave them cause for concern.

In noting all concerns, Member remained assured that granting an off-sales license would not undermine the Licensing Objectives, having heard that the Applicant was an experienced licensee with two other late night premises within Torbay and that with the exception of one noise complaint, his premises had never given the Responsible Authorities cause for concern.

In coming to the decision to refuse the on-sales element of the application, Members could not be satisfied on the evidence before them that such a grant would seek to promote the Licensing Objectives.

Whilst Members saw no reason to refuse the concept of the application in principle and positively noted the reduction in proposed operational hours, it was the lack of specific detail as to how the Applicant would manage the tasting events and those persons who attended such events so as not to undermine the Licensing Objectives and adversely impact nearby residential and commercial premises. In coming to that decision, Members gave careful consideration to the concerns raised by members of the public  ...  view the full minutes text for item 21.