To consider an application for a Variation to a Premises Licence in respect of Paignton Rugby Football Club, Queens Park, Queens Road, Paignton.

Members considered a report on an application for a Variation to a Premises Licence in respect of Paignton Rugby Football Club, Queens Park, Queen’s Road, Paignton TQ4 6AT.

Written Representations received from:

Oral Representation received from:

Members noted that there had been no additional Representations received from any other Responsible Authority or any Interested Party.

Additional Information:

Paignton Rugby Football and Cricket Club currently has three separate licences operating under the same premises.  There are two Club Premises Certificates, one for the Rugby Club and the second for the Cricket Club.. Both Certificates permit alcohol and regulated entertainment inside the club house until 1.00am for Members and signed in guests. 

The third is a Premises Licence which is granted to Paignton Rugby Club and permits the general public access to the Club House until 10.00pm.

Paignton Ruby Club sought clarity to align the Premise Licence with the same authorisations granted under their Club Premises Certificate which would enable   to permit members of the public to use the Club House and facilities and alleviate confusion with enforcement agencies.

Members noted that an Abatement Notice has been served on Paignton Rugby Club in April 2012 and is still operative. In addition Members noted that the concerns raised in the Representations by Interested Parties related to similar issues which resulted in the service of the Notice in 2012.

The Council’s Senior Lawyer advised Members that the wording throughout the Applicant’s operating schedule needed to be specific and enforceable to the Rugby Club’s Premises Licence.  Members were advised that a number of amendments needed to be made to the wording of this application to ensure that there was no ambiguity when it came to enforcement, should Members resolve to grant the licence.

The Council’s Senior Lawyer highlighted to Members and the parties present where the number of amendments were needed, as follows:

Clarification was sought by the Applicant in respect of the Clubs Premises Certificate in that this application had no bearing on it.

The Council’s Senior Lawyer confirmed that this was a separate application for a variation to the Rugby and Football Club’s Premises Licence and that the provisions contained within the Clubs Premises Certificate remained unaffected by this application.

Decision:

That theapplicationfora Variationto aPremises Licencein respectof PaigntonRugby FootballClub, Queens Park, Queen'sRoad, PaigntonTQ4 6ATbe grantedas appliedfor subjectto licensableactivities ceasinginside thepremises at11pm, withdrinking upbeing permittedfor 30minutes thereafterand closure ofthe premisesbeing at11.30pm.

With regardsto theuse of theexternal areaof thepremises, thelicence shallbe granted as applied for subject tolicensable activitiesceasing at 11pm,with drinkingup beingpermittedfor30 minutesthereafter and closureof thepremises beingat 11.30pm.

Only6 eventsper yearshall bepermitted, as inaccordance withthe current Premises Licence.

The wordingof theconditionsputforwardbythe Applicantsin theiroperatingscheduleshall beamended in line withthat proposedby theCouncil's SeniorLawyer atthe hearing,to ensurethat theconditions to beimposedon thepremises licenceare notambiguous andare enforceable.

Reason for Decision:

Having carefullyconsidered all thewrittenandoral Representations, Membersresolved togrant the variationtothe PremisesLicence, asin accordancewith thedecision abovehaving beensatisfied thatthe applicationin respectof theexternal areaof thepremises wouldnot underminethe LicensingObjectives, giventhe consideredand comprehensiveconditions tobe imposedon thepremises licence.

In respectof theinternalareaof thepremises, Membershad regardto the representationsput forwardby the interestedparties andthe factthat thepremises issubject toan abatement notice. Assuch, Members were concernedthat thenature ofthe application  would resultin thepremises becominga public  house in a residentialarea withno realconsiderationgivento itsimpact onnearby residentsafter 11pm.Members formedthis viewby whatthey sawas alack ofappropriateconditionscontained  withinthe Applicants operating schedule, theemphasisof theapplication  andthe oralrepresentations submittedatthe hearing by boththe Applicantsand theirlegal representativebeing inrelation  tothe useof thepremises external area andthe lackof anydefiniteorenforceable proposalsfor controland theuse of thepremises inside area.

In lightof this,Membershadregard tothe Council'sLicensing Statementof Principles2011 whichclearly states atsection 4,paragraph 4.4of page24 thatthe LicensingAuthoritiesrationale  forissuing premises licence istorefuseor limit  types ofregulated entertainmentor imposeearly closingtimes where Applicant'shavenot sufficientlydemonstratedhowthey willprotectresidentialpremises, from  public nuisanceand assuch, felt  itappropriatetolimit licensableactivities until 11pm with closureof the premisesbeing at11.30pm.