To consider an application for a Premises Licence in respect of Twenty 1 Ltd, 21 Victoria Parade, Torquay.

Members considered a report on an application for a Premises Licence in respect of Twenty 1, 21 Victoria Parade, Torquay.  The Premises do fall within the Cumulative Impact Area.

Written Representations received from:

Additional Information:

The Chairman permitted an extension of time for oral representations and advised that each party would be permitted 15 minutes to make their representation.

Oral Representations received from:

Decision

That the application for a Premises Licence in respect of Twenty1, 21 Victoria Parade, Torquay be granted as applied for; subject to the following additional conditions:

1.    No patrons shall be permitted on the first floor balcony area between 11pm - 8am;

2.    No more than 10 patrons shall be permitted on the first floor balcony area at any one time.

3.    All patrons using the first floor balcony area shall be seated at all times;

4.    The first floor balcony area shall be supervised by members of staff to ensure that neighbouring residential premises are not unreasonably disturbed;

5.    A CCTV camera shall be installed on the first floor balcony area, which allows staff to monitor this area from behind the bar;

6.    There shall be no amplified music on the first floor balcony between 8 pm – 8am;

7.    Any patron behaving in a disorderly or rowdy manner in the premises outside areas shall be asked to either return inside the premises of to leave the premises;

8.    There shall be no amplified music on the lower ground floor outside area between 12 midnight - 8am;

9.    The premises shall have a noise limiter which must be kept in a tamper proof box and located in a place where members of the public do not have access;

10.The noise limiter shall be set at levels in consultation with and agreed by the Licensing Authorities Public Protection Officer to ensure that neighboring residential premises are not unreasonably disturbed;

11.All amplified music on the premises outside areas shall be set at levels in consultation with and agreed by the Licensing Authorities Public Protection Officer to ensure that neighboring residential premises are not unreasonably disturbed;

12.During amplified live music all windows and doors shall be kept closed after 10 pm and that this shall be monitored by a member of staff to ensure it is complied with; and

13.The premises shall have in place a Noise Plan as agreed by the Licensing Authorities Public Protection Officer.

Reason for Decision

Having carefully considered all the oral and written Representations, Members resolved to grant the application having been satisfied that the operating schedule, along with additional thirteen conditions would seek to ensure that the Licensing Objectives would be promoted.

In coming to that decision, Members had careful regard to the concerns raised by members of the public who owned and one of which resided in neighbouring residential premises and noted that the Applicant had taken steps to consult with these owners, their tenants and residents and had modified his intended operations, by taking in to account the concerns raised by them. This in Members opinion demonstrated the actions of a responsible licensee and reassured them that the Applicant would operate these Premises in continued consideration of his neighbours. To ensure this further and promote the Licensing Objections, Members tailored the additional thirteen conditions to address the specific concerns raised, where they felt that the operating schedule did not go far enough.

Members were further reassured by the Applicant’s well prepared and pre-consulted application which in their opinion and experience, had resulted in there being no objection from any of the Responsible Authorities, despite the premises being situated in the Licensing Authority’s Cumulative Impact Area.

In concluding, Members had regard to the Licensing Authority’s Licensing Statement of Principles 2016-2021, in particular the rebuttable presumption of refusal where a Premises located in its Cumulative Impact Area and were satisfied that as a result of the extensive noise mitigation implemented at the Premises by the Applicant, his twenty years experience as a licensee of which he has operated a number of Premises within the Licensing Authority’s Cumulative Impact Area and nighttime economy and continues to do so; and the additional thirteen conditions, these Premises would not add to issues of Public Nuisance.

Should issues arise as a result of this grant, Members noted that a Review of the Premises Licence was available to any Responsible Authority or Interested Party.