To consider an application for a Premises Licence in respect of Chubbs, 5 Babbacombe Road, Torquay.

Members considered a report on an application for a Premises Licence in respect of Chubbs, 5 Babbcombe Road, Torquay. 

Written Representations received from:

Oral Representations received from:

Decision:

That the application for a Premises Licence in respect of Chubbs, 5 Babbacombe Road, Torquay be approved as applied for, subject to the following additional conditions:

1)    Smoking shall not be permitted directly outside the premises, and patrons shall be encouraged to smoke away from residential premises.

2)    Clear and legible notices shall be prominently displayed at all exits notifying patrons that smoking directly outside the premises is prohibited.

3)    The premises shall keep and maintain an incident log and that log shall be made available to any Responsible Authority Officer, on request.

Reasons for Decision

Having carefully considered all the written and oral Representations, Members unanimously resolved to grant the application for a Premises Licence, having heard the Applicants extensive experience of operating premises in mixed use areas.  Members noted the Applicant had recognised that there may be concerns regarding noise outbreak and had taken mitigating measures by installing sound insulation to an area of the premises and detailed further mitigation works to be undertaken, in order to reduce noise outbreak through the internal walls.  Thereby demonstrating to Members, the Applicant’s willingness to address issues before and should they arise.

Members considered the nature of the business and intended operation, and determined that the application before them, would not cause anti-social behaviour but instead, would enhance the commercial offer of the area.

In coming to their decision, Members had careful regard to the concerns raised by interested parties, noting that there were many which were beyond the remit of the Licensing Sub-Committee and were not matters that they could take into account or base their decision upon. Of those which were within the remit, Members were satisfied once the premises was open and operating, that the Applicant would engage responsibly with its immediate neighbours to overcome any concerns, should they arise.

In concluding, Members a had particular regard to the absence of any Representations received from any of the Responsible Authorities, who in their experience, are very responsive to applications and premises which cause or are likely to cause concern and undermine the Licensing Objectives. In consideration of this, Members deduced that the intended operation did not cause the Responsible Authorities a concern and this echoed their own determination, when considering the Applicant’s experience and responses to their questions, and concerns raised by the Interested Parties.

Should issues arise as a result of this grant, Members noted that a Review of the Premises Licence can be sought by any Interested party or Responsible Authority.