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 the Licensing Authority’s Public Protection Officer in respect of the historical operation of these premises and the noise outbreak which emanated as a direct result.

Notwithstanding that these concerns were in respect of previous Premises Licence Holders, Members noted that noise issues were largely attributable to the unsuitable fabric of the building and its close proximity to nearby residential properties. That said, Members were reassured to note the Applicants significant financial investment in to these premises and the proactive mitigation measures taken by them to address noise out break which historically has led to a catalogue of noise complaints resulting in abatement notices being served and a Review of the Premises Licence being considered. Namely; installing sound proofing to the function room and specifying this area on their plans as an eatery area, installing air conditioning throughout the building to avoid the necessity for patrons to open windows and doors for air circulation, physically blocking patron access by way of erecting fencing and a lockable gate alongside the boundary wall which abuts the neighbouring premise, moving outside seating area away from the neighbouring residential premises, installing stringent monitoring of the premises car park and relocating their beer gardens and smoking areas at the furthest point away from residential properties.

Members were further reassured by the Applicants national reputation in running licensed premises as responsible licensees and noted the submissions of the Applicant and their legal representative that they had nothing to gain from the significant investments if they were to repeat past behaviours, that they were committed to operating these premises in harmony with their neighbours and that the appointed manager would also reside at the premises with his family and would be available to neighbours to respond to issues of concern.

In concluding, Members noted that should issues of concern arise as a result of this grant, a Review of the Premises Licence is available to either members of the public or Responsible Authorities.