Agenda and draft minutes

Venue: Meadfoot Room, Town Hall, Castle Circus, Torquay, TQ1 3DR

Contact: Governance Support 

Items
No. Item

21.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Ellery was elected as Chairman for the meeting.

22.

Apologies

To receive apologies for absence, including notifications of any changes to the membership of the Committee.

Minutes:

It was reported that the membership of the Sub-Committee had been amended for this meeting by including Councillor Douglas-Dunbar instead of Councillor Dart.

23.

Minutes pdf icon PDF 347 KB

To confirm as a correct record the Minutes of the meetings of the Sub-Committees held on 19 August and 2 September 2021.

Additional documents:

Minutes:

The Minutes of the meeting of the Sub-Committee held on 19 August and 2 September 2021 were confirmed as a correct record and signed by the Chairman.

24.

Hyde Dendy, 18 Esplanade Road, Paignton, TQ4 6BD pdf icon PDF 355 KB

In accordance with the Licensing Act 2003 to consider an application for a Variation to a Premises Licence in respect of Hyde Dendy, 18 Esplanade Road, Paignton, TQ4 6BD.

Additional documents:

Minutes:

Members considered a report on an application for a Variation to a Premises Licencein respect of Hyde Dendy, 18 Esplanade Road, Paignton.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Representation in respect of the Licensing Objectives ‘The Prevention of Crime and Disorder’ and ‘the Protection of Children from Harm’.

10 September 2021

Public Protection Officer

Representation in respect of the Licensing Objectives ‘Public Safety’ and ‘The Prevention of Public Nuisance’.

13 September 2021

 

Oral Representations received from:

 

Name

Details

Applicant’s Representative

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

Police

The Police outlined their representation and responded to Members questions.

Public Protection Officer

The Public Protection Officer outlined his representation and responded to Members questions.

 

Decision:

 

That the application for a Variation to a Premises Licence in respect of the Hyde Dendy, 18 Esplanade Road, Paignton, TQ4 6BD be granted as applied for, subject to the following conditions:

 

1)    That there shall be no under 18’s permitted on the premises after 10 pm except for staff and those staff shall be permitted up until 11 pm only.

 

2)    All drinks shall be served in toughened or strengthened glasses, or plastic/polycarbonate vessels, and no alcohol shall be served in glass bottles after 11 pm from which it is intended or likely that a person shall drink.

 

3)    The placing of refuse, such as bottles, in receptacles outside the premises must not take place between 10 pm and 9 am to prevent disturbance to nearby properties.

 

4)    All staff involved in the sale of alcohol after midnight at the premises shall be trained and hold, within three months of the commencement of their employment, the BIIAB Level 1 Award in Responsible Alcohol Retailing, or similar qualification.

 

5)    A clicker system shall be in operation at the premises to ensure number capacity of the new licensed area to that of the current licensed area is maintained.

 

6)    A queuing area shall be identified in the new licensed area and the current licensed area to ensure that those wishing to use the toilets do not cause an obstruction in the connecting corridor.

 

7)    Where the new licensed area is open for the sale of alcohol after midnight and closes after 00.30 hours there shall be a minimum of 7 SIA door supervisors employed on the premises from 22.00 hours until 30 minutes after the premises closes.  At all other times, the ratio of door stewards shall be as identified in condition 3 of Annex 3 of the current premises licence.

 

8)    When the new licensed area is open, the maximum capacity in that area shall not exceed 150 patrons.

 

9)    That there shall be a written Noise Management Plan in place, in accordance with the findings of an up-to-date Noise Consultant report, and as agreed by the Licensing Authorities Public Protection Officer.

 

10)That the current gate leading from the premises, exiting on to Kernou Road shall be of a more solid structure and shall be converted  ...  view the full minutes text for item 24.

25.

Adjournment

Please note that the Sub-Committee will adjourn and resume at 1.30pm to consider Jackz Bar, Parkhill Road, Brixham, TQ5 9BU.

Minutes:

At this juncture, the meeting adjourned until 1.30 pm.

26.

Review of a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham, TQ5 9BU pdf icon PDF 149 KB

To consider a review for a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham, TQ5 9BU.

Additional documents:

Minutes:

Members considered a report on an application for a Review of a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Application and supporting information for a Review Hearing.

4 August 2021

Public Protection Officer

Representation in support of the application for Review.

31 August 2021

 

Additional Information:

 

Prior to the Hearing the Police requested additional documents to be circulated including suggested additional conditions.

 

With the agreement of the Chairman, the time permitted for the submission of oral representations was extended to 20 minutes for all parties.

 

At the Hearing, proposed additional conditions from the Public Protection Officer were circulated.

 

Oral Representations received from:

 

Name

Details

Applicant (Police)

The Applicant for a Review of Premises Licence outlined their application.

Public Protection Officer

The Public Protection Officer outlined his representation and suggested additional conditions.

Respondent

The Respondent outlined her representation and confirmed that they agreed with the suggested additional conditions submitted by the Applicant (Police) and the Public Protection Officer.

 

Decision:

 

That in respect of the application for a Review of a Premises Licence of Jackz Bar, Parkham Road, BrixhamMembers resolved to modify the conditions of the premises licence to include the conditions proposed by the Police and Public Protection Officers, as agreed by the Respondent, Premises Licence Holder, along with the following two conditions:

 

1)    That Mr Ross Hennessey be prohibited from entering the premises during operational hours.

 

2)    That Mr Ross Hennessey shall not be involved in or influence the operation of these premises; and

 

That the premises licence shall be suspended until 7 January 2022.

 

Reasons for Decision

 

In coming to this decision, Members had careful regard to all the written and oral representations from both the Respondent, Premises Licence Holder and the two Responsible Authorities, namely, the Police and Public Protection.

 

Members noted the Respondent, Premises Licence Holder’s acceptance in full of the proposed conditions put forward by the Police and the Public Protection Officers and were satisfied on the evidence before them, that these were both appropriate and proportionate.

 

In respect of the two additional conditions which prohibit Mr Ross Hennessey from entering the premises during operational hours, and from having any involvement or influence in these premises’ operations, Members determined this was again both necessary and proportionate, to enable the new Premise Licence Holder, Ms Stephanie Trust, an employee of Mr Hennessey, the opportunity to operate the Premises without influence or interference by him which ensured that the conditions of the premises were complied with and that the Licensing Objectives would be promoted.

 

In determining this, Members noted that Mr Hennessey had applied for a transfer of the premises licence to himself in respect of these premises and that at a Licensing Sub-Committee hearing held on the 24 June 2021, Members of that Committee unanimously resolved to refuse this application, following an objection by the Police, coupled with determining at an earlier hearing that same day, that Mr Hennessey’s Premises Licence  ...  view the full minutes text for item 26.