To consider a report for an application for a Premises Licence in respect of Harbour Light, Night Quay, Paignton.

Members considered a report on an application for a Premises Licence in respect of Harbour Light, North Quay, Paignton, TQ4 6DU.  The Premises do not fall within the Cumulative Impact Area.

Written Representations received from:

Additional Information:

With the agreement of all parties the following documents were circulated at the hearing:

(a)             A3 copy of amended premises plan showing the outside seating areas;

(b)             A mood board setting out proposed design features for the premises; and

(c)             Four photographs showing the external view of the building and an aerial overview of the site.

Oral Representations received from:

Response to the representations:

The Applicant’s Solicitor confirmed that the Retail Director for St Austell’s had met with residents and together an agreement had been formed on practicalities on the operation of the outside seating areas.  At the hearing clarity was sought and agreed on the outside seating ‘Zones’ and their respective numbers.

The Member of the Public confirmed that if the negotiations were implemented their objection to the Premises Licence would be withdrawn.

Decision:

That the application for Harbour Light, North Quay, Paignton be granted as applied for subject to the revised plan of the outside areas circulated at the hearing and the following conditions:

(a)       that the applicant shall submit to the Licensing Authority an up to date and accurate plan of the Licensed Premises which clearly delineates the outside area zones and numbering;

(b)       that zone 2 shall cease to be used by patrons and staff after 9pm;

(c)       that there shall be no smoking or vaping permitted in Zone 2 at any time;

(d)       that no alcohol shall be permitted in Zone 1 after 23:00hrs

(e)       that there shall be no outside lighting in Zone 2 after 9pm except for that which is necessary for security purposes;

(f)        that the lighting for all other outside areas will be switched off outside operating hours except for that which is necessary for security purposes;

(g)       that the outside areas should be monitored during operating hours to ensure that tables are kept clear at all times to discourage any nuisance from wildlife; and

(h)      a Management Plan shall be in place, the contents of which shall be approved by the Licensing Authority.

Reason for Decision:

Having carefully considered all the written and oral representations Members were satisfied that the application as applied for and amended at the hearing would seek to promote the Licensing Objectives alleviate the concerns raised by nearby residents. 

Having clarified the specific zones within the amended plans circulated at the hearing, Members were able to give careful consideration to the applicants intend operations of these areas and attach conditions that were appropriate to promote the licensing objectives, namely ‘The Prevention of Public Nuisance’, noting that the use of Zone 3 identified on the original plan had been withdrawn.

In coming to their decision, Members had particular regard to the Public Protection Officer’s submission in respect of Zone 1 and were satisfied on that officers submissions that the operation of this zone until 11pm was unlikely to cause a nuisance to nearby residents.

Members also had particular regard to the agreed conditions set out in the additional letter circulated at the hearing, by a nearby resident which followed from their meeting with a representative of the premises, and were reassured that this agreed position would alleviate the initial concerns raised by residents’ in their objections and sought to furnish a harmonious and neighbourly relationship between the premises intended operation and their immediate neighbours right to a peaceful enjoyment of their home.

In concluding and notwithstanding the absence of some specific operational details in the management plan which Members would usually have expected to see when determining an application for a new premises licence, Members were reassured by the applicants professional approach and the oral submissions of the Public Protection Officer and were satisfied that to word the condition in regards to the management plan which required the approval of the Licensing Authority was in these circumstances, appropriate in not limiting the premises intended operation but ensured that these operations did not undermine the licensing objectives so as to unreasonably disturb nearby residents.