Agenda and draft minutes

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

Contact: Lisa Antrobus  Governance Support Officer

Items
No. Item

17.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor David Thomas was elected as Chairman for the meeting.

18.

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 David Thomas instead of Councillor Ellery.

19.

Miguel’s, Beach Approach, Brixham pdf icon PDF 214 KB

To consider an application for a Premises Licence in respect of Miguel’s, Beach Approach, Brixham

Additional documents:

Minutes:

Members considered a report on an application for a Premises Licencein respect of Miguel’s, Beach Approach, Brixham, TQ5 8JL.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

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

19 November 2019

Applicant

Correspondence between the Police and the applicant with the applicant confirming agreement to the 7 conditions proposed by the Police being added to the licence.

18 November 2019

 

Oral Representations received from:

 

Name

Details

Applicant

The applicant addressed the Committee, confirmed their agreement to the addition of the seven conditions suggested by the Police and responded to the Sub-Committee’s questions.

Senior Solicitor

The Council’s Senior Solicitor advised the Sub-Committee that the Police had requested the closing time of the premises be amended to 2330hrs from Sunday to Thursday and 0030hrs on Friday and Saturday to allow 30 minutes between the last permitted sale of alcohol and the closing time of the premises.  The decision to extend the closing time of the premises was a decision for the Sub-Committee to resolve.

 

Decision:

 

That the application for a Premises Licence in respect of Miguel’s, Beach Approach, Brixham be granted subject to the seven conditions proposed by the police and agreed by the applicant.

 

Reason for Decision:

 

Having carefully considered all the written and oral representations Members unanimously resolved that extending the closing time for the premises was pragmatic, did not include licensable activities and permitted patrons 30 minutes to consume alcohol from the last permitted sale of alcohol and therefore would in turn, ensure with the additional agreed conditions, that the Licensing Objectives would be promoted.

20.

Harbour Light, North Quay, Paignton pdf icon PDF 215 KB

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

Additional documents:

Minutes:

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:

 

Name

Details

Date of Representation

Public Protection

Representation objecting to the application on the grounds of the Licensing Objective ‘The Prevention of Public Nuisance’

8 November 2019

Three members of the public

Three representations objecting to the application on the grounds of ‘The Prevention of Public Nuisance’ and ‘The Public Safety’.

Various dates

 

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:

 

Name

Details

Applicant

The Applicant’s Solicitor presented the application and responded to Members questions.

Public Protection Officer

The Public Protection Officer presented their representation in respect of the application and responded to Members questions.

Member of the Public

A Member of the Public presented their objection to the application and responded to Members questions. 

 

In the absence of a neighbouring property who had returned their notice advising they would be attending and addressing the meeting, the Member of the Public read out representation on their behalf.

 

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,  ...  view the full minutes text for item 20.