To consider an application for a Premises Licence in respect of Rutland Hotel, Daddyhole Road, Torquay TQ1 2ED.

Members considered an application for a Premises Licence in respect of Rutland Hotel, Daddyhole Road, Torquay TQ1 2ED.

Written Representations received from:

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

The Designated Premises Supervisor was unable to attend the Committee but the Manager, who had also returned his notice to speak, was content for the Committee to continue.

Oral Representations received from:

Additional Information:

The Senior Licensing Officer advised Members that although this was an application for a New Premises Licence, the Rutland Hotel had previously held a Premise Licence, but it had lapsed as one of the Premise Licence Holders had passed away.

The Manager advised Members that he lived fulltime at the premises and intended to become the Designated Premises Supervisor in the near future.

The Senior Licensing Officer also advised Members that there was an email from the Hotel Manger to the Public Protection Officer, where it stated that the proposed conditions, as per the submitted report, had been agreed to.

Decision:

That the application for a Premises Licence in respect of Rutland Hotel, Daddyhole Road, Torquay TQ1 2ED be granted as applied for, subject to the following conditions proposed by Public Protection and agreed by the applicant, with minor amendments, as follows;

a.         All doors and windows must be kept closed during regulated music and performances of live entertainment or similar.

b.         A written noise management scheme must be implemented to the satisfaction of the Local Authority within one month of the granting of this application.

c.         Noise from licensable entertainment shall not be distinguishable above ambient noise 10 meters or more from the premises. This shall be assessed from the street. However, should a complaint from a resident in the area be made steps shall be taken to ensure that noise breakout is reduced to a level agreed with the Local Authority and the residents.

d.         A senior member of staff (manager) shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment to ensure levels of noise have not increased.

e.         The placing of refuse, such as bottles into receptacles outside the premises shall not take place before 08.00hrs or after 22:00hrs.

and, the following two additional conditions:

1.         An air-conditioning unit to regulate the temperature shall be fitted before any live or amplified music is permitted at the premises.

2.         The Designated Premises Supervisor, or a senior member of staff, shall be available to be contacted at all times that licensable entertainment is in progress to respond appropriately to any complaints.

Reason for Decision:

Having carefully considered all the written and oral representations, Members resolved to grant the licence as decided, having been satisfied that the imposition of the agreed, proposed, amended and additional conditions would seek to promote the Licensing Objectives and alleviate the concerns raised by the Responsible Authority and the Interested Parties.

Members were reassured by the Applicant’s oral representation and his continued commitment to run the business in a way that was considerate of nearby residents. In addition, Members noted the positive comments made by the Public Protection Officer in respect of the Manager’s response to his concerns and that his department had no recorded complaints regarding this premise, despite the premise having had a premises licence for a number of years.

Members had careful regard to the complaints raised by the Interested Parties in both their written and oral representations but resolved that there was no evidence to attribute any of these complaints directly to the premises.

In concluding, Members noted that should unanticipated issues arise as a result of this grant, a Review of the Premises Licence is available to Interested Parties and the Responsible Authorities.