Councillor Ellery was elected as Chairman for the meeting.

To consider an application for a Review of a Premises Licence in respect of Rock Garden, 40 – 44 Swan Street, Torquay.

Members considered a report on an application for a Review of a Premises Licence in respect of Rock Garden, 40 – 44 Swan Street, Torquay. 

Written Representations received from:

Additional Information:

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

Oral Representations received from:

Applicant’s response to Representations:

At the request of the Applicant a number of sound recordings that had been recorded via the Council’s Noise App were played for the Committee.

Decision:

That in respect of the application for a Review of a Premises Licence of The Rock Garden, 40 – 44 Swan Street, Torquay, Members unanimously resolved that in this instance, no formal action is required.

Reasons:

Having carefully considered all the written and oral representations, Members could not be satisfied on the evidence before them, that the test of public nuisance in its widest form, as intended by the Licensing Act 2003, had been met in this instance. Members did however accept, that a level of disturbance was present from the premises operation, albeit not amounting to a public or statutory nuisance.

In coming to their decision, Members had regard to the actions taken by the Premises Licence Holder following the Review of the Premises Licence in 2014, the ongoing engagement by the Premises Licence Holder with the Responsible Authorities to address any issues of concern as they arose, the Premises Licence Holders proactive and responsible attitude and approach to finding measures to prevent such occurrence and the positive characterisation of the Premises Licence Holder put forward by the Public Protection Officer, both in his written and oral representation; and unanimously resolved that where a solution could be found to the disturbances complained of between  ...  view the full minutes text for item 40.