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 and the instructed legal representative, along with the answers given by the Applicant to those concerns and Members questions.

Members gave careful consideration as to what if any conditions could be added by them as an alternative to refusal but resolved that with the vagueness of the application before them, they would in effect be determining the intended concept which may not be that intended by the Applicant. As such, they concluded that a refusal was appropriate in these circumstances.

In concluding, Members noted that should issues arise as a result of granting this off-sales licence, a Review would be afforded to any person adversely affected by this premises licence.