Agenda and minutes

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

Contact: Governance Support 

Items
No. Item

5.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Ellery was elected as Chairman for the meeting.

6.

Apologies

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

Minutes:

It was reported that the membership of the Sub-Committee had been amended for this meeting by including Councillor Brooks instead of Councillor Barbara Lewis.

7.

Minutes pdf icon PDF 333 KB

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 17 November 2022.

Minutes:

The Minutes of the meeting of the Sub-Committee held on 17 November 2022 were confirmed as a correct record and signed by the Chairman.

8.

Licensing Act Review of Devon Dumpling pdf icon PDF 294 KB

To consider an application for a Review of the Premises Licence in respect of the Devon Dumpling, 108 Shiphay Lane, Torquay.

Additional documents:

Minutes:

Members considered a report on an application for a Review of a Premises Licence in respect of the Devon Dumpling, 108 Shiphay Lane, Torquay.

 

Written Representations received from:

 

Name

Details

Date of Representation

Application

Application and supporting correspondence for a Review of the Premises Licence in respect of the Devon Dumpling, 108 Shiphay Lane, Torquay.

Dated 31 October 2022

Member of the Public

Representation objecting to the Application for a Review of the Premises Licence.

Undated

Member of the Public

Representation objecting to the Application for a Review of the Premises Licence.

Dated 5 December 2022

Member of the Public

Representation objecting to the Application for a Review of the Premises Licence.

Dated 30 November 2022

Public Protection Officer

Report by Torbay Council as the Responsible Authority for Public and Statutory Nuisance.

Dated 9 December 2022

Member of the Public

Representation objecting to the Application for a Review of the Premises Licence.

Undated

 

Additional Information:

 

At the Hearing, the Public Protection Officer played two sound recordings which had been shared with the Respondent prior to the Hearing.  With the agreement of all Interested Parties, the Public Protection Officer also circulated a site plan and colour photographs of the outside areas.

 

Oral Representations received from:

 

Name

Details

Applicant and supporting witnesses

The Applicant and those who had submitted statements to accompany  the Application for a Review of a Premises Licence outlined the Application and responded to Members questions.

Public Protection

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

The Respondent

The Respondent supported by the Premises Manager responded to the Application for a Review of a Premises Licence and responded to Members questions.

 

Decision:

 

That the premises licence in respect of The Devon Dumpling, 108 Shiphay Lane, Torquay be modified with the following conditions:

 

1.      The premises outside areas shall be closed by 10 pm every day except for the smoking area, known as the cage.

 

2.      Regulated entertainment shall be prohibited in the premises outside areas.

 

3.      All windows and doors shall be kept closed during regulated entertainment after 10 pm.

 

4.      All use of amplification equipment during regulated entertainment shall be under the control of the duty manager and set at a level not to unreasonably disturb nearby residents.

 

5.      The duty manager, or designated staff member each day to regularly check the premises outside areas at least once every half hour when in use, and affectively address any excessive noise by any person or group using that area.

 

6.      A log shall be kept at the premises to record checks of the premises outside area, and is shall be recorded therein, where any action is taken. This log shall be available for immediate inspection by the Police or any Council Officer or agent visiting the premises, for a look-back period of at least one month.

 

7.      Patrons causing a nuisance in the outside area shall be asked to cease causing a nuisance or come inside the premises or where necessary, be asked to leave  ...  view the full minutes text for item 8.