Issue - meetings

Licensing Act 2003 – An application for a Premises Licence in respect of The Maycliffe Hotel, St Lukes Road North, Torquay, TQ2 5PD

Meeting: 19/05/2022 - Licensing Sub-Committee (Item 2)

2 Licensing Act 2003 – An application for a Premises Licence in respect of The Maycliffe Hotel, St Lukes Road North, Torquay, TQ2 5PD pdf icon PDF 385 KB

To consider an application for a Premises Licence in respect of The Maycliffe Hotel, St Lukes Road North, Torquay, TQ2 5PD.

Additional documents:

Minutes:

Members considered a report on an application for a Premises Licence in respect of Maycliffe Hotel, St Lukes Road, Torquay.

 

Written Representations received from:

 

Name

Details

Date of Representation

Member of the Public

Representation objecting to the application on the ground of ‘The Prevention of Public Nuisance’.

25 March 2022

 

Oral Representations received from:

 

Name

Details

Applicant’s Representative

The Applicant’s Representative outlined the application and responded to Members questions.

 

Decision:

 

That the application for a Premises Licence in respect of Maycliffe Hotel, St Lukes Road, Torquay be refused.

 

Reasons for Decision:

 

Having carefully considered all the written and oral representations, Members determined that they could not satisfied on the evidence before them, that if granted as applied for, the application and in turn the premises licence, would uphold the Licensing Objectives.

 

In coming to that decision, Members noted that the operating schedule lacked specific detail in respect of the premises operations and what if any mitigating measures had been considered, to prevent noise outbreak affecting nearby residential properties. Such as, dispersal of those attending an event and not staying at the hotel, location and monitoring of a smoking area, windows and doors remaining closed during a live music event whilst having no air conditioning in its licensed areas or set of measures as to how this would be monitored, no submissions around the use of a noise limiter for live music events. When asked about this, Members were concerned to note that the representative seemed unaware as to the content of the application, and by his own admission that he had only just seen it, having been asked on the 16 May 2022 to attend this hearing. This coupled with the lack of detail, gave Members no other option but to refuse the application.

 

Members were also concerned to note that the premises operations would be left to staff who whilst may have good intentions, appeared to have no experience in operating a premises licence, let alone one which is located in a predominantly residential area.

 

In concluding, Members gave careful consideration to an alternative to refusal but given the representatives oral contradiction to that contained in the application which at times, caused Members uncertainty of what was actually being applied for, as the nature of the application changed, dependant on their questions, they could not be certain that conditions they felt appropriate and proportionate would fit in with the premises intended operation.


Meeting: 05/05/2022 - Licensing Sub-Committee (Item 54)

54 Licensing Act 2003 – An application for a Premises Licence in respect of The Maycliffe Hotel, St Lukes Road North, Torquay, TQ2 5PD pdf icon PDF 385 KB

To consider an application for a Premises Licence in respect of The Maycliffe Hotel, St Lukes Road North, Torquay, TQ2 5PD.

Additional documents:

Minutes:

Members considered a report on an application for a Premises Licence in respect of The Maycliffe Hotel, St Lukes Road North, Torquay.

 

Written Representations received from:

 

Name

Details

Date of Representation

Member of the public

Representation objecting to the application for a Premises Licence in respect of The Maycliffe Hotel, St Lukes Road North, Torquay on the grounds of the Prevention of Public Nuisance.

25 March 2022

 

At the hearing the Licensing Representative joined the meeting via the telephone as his car had broken down.  Members were unable to audibly hear his representation on the application and the Applicant had failed to attend and therefore they considered adjourning the hearing.

 

Decision:

 

That the meeting to consider an application for a Premises licence in respect of the Maycliffe Hotel, St Lukes Road North, Torquay, TQ2 5PD be adjourned until 9.30am on 19 May 2022.

 

Reasons for Decision:

 

In coming to their decision, Members were mindful that they had an obligation to ensure that the Licensing Objectives would be promoted when considering a grant of a premises licence and on the evidence before them, Members were concerned that the application lacked clarity and detail and required answers to questions which they had, before they were able to make a determination on this application.

 

An adjournment therefore was appropriate in the circumstances, to allow the Applicant or a representative to attend a future meeting to answer these questions.