Agenda and minutes

Contact: Amanda Coote  Governance Team Leader

Items
No. Item

7.

Election of Chairman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Ellery was elected as Chairman for the meeting.

8.

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 Dart instead of Councillor Sykes.

9.

Licensing Act 2003 – An application for a Review of a Premises Licence for, Hennessey Cocktails, 2 King Street, Brixham pdf icon PDF 185 KB

To consider and determine an application, in respect of the Premises detailed above, for a Review of a Premises Licence.

Additional documents:

Minutes:

Members considered an application for a Review of a Premises Licence, in respect of the Premises detailed above.

 

Written Representations received from:

 

Name

Details

Date of Representation

Public Protection

Representation in support of the application for a Review of a Premises Licence on the grounds of ‘Public Safety’, ‘The Prevention of Public Nuisance’ and ‘The Prevention of Crime and Disorder’.

28 May and 29 June 2021

Member of the Public

Representation in support of the application for a Review of a Premises Licence on the ground of ‘The Prevention of Public Nuisance’.

18 May 2021

Member of the Public

Representation in support of the application for a Review of a Premises Licence on the ground of ‘The Prevention of Public Nuisance’.

25 May 2021

Member of the Public

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

25 May 2021

Member of the Public

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

26 May 2021

Member of the Public

Representation in support of the application for a Review of a Premises Licence on the ground of ‘The Prevention of Public Nuisance’.

29 May 2021

Member of the Public

Representation in support of the application for a Review of a Premises Licence on the ground of ‘The Prevention of Public Nuisance’ and ‘The Prevention of Crime and Disorder’.

30 May 2021

 

Oral Representations received from:

 

Name

Details

Applicant (Police)

The Police Representative presented their application for the Review and responded to Members questions.

Public Protection

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

Mr Perkes

Mr Perkes outlined his representation in support of the request of a Review of the Premises Licence and responded to Members questions.

Respondent

(Mr Hennessey)

The Respondent submitted a response to the Review and answered Members questions.

 

The following additional information was submitted by the Respondent and circulated on 23 June 2021:

 

Name

Details

Date of Representation

Member of the Public

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

Undated

Public Protection

Copy of an extract of an email from Karl Martin regarding recorded music not being a concern due to a well-designed PA system backed up with a limiter.

8 October 2018

Estimate from FTS

Estimate for sound system.

Undated

Police

Extract of an email regarding providing CCTV.

21 December 2020

Respondent

Extract of an email response from Mr Hennessey to the Police email dated 21 December.

21 December 2020

Respondent

Extract from an email from Mr Hennessy to the Police and Public Protection regarding providing CCTV on a memory stick.

23 December 2020

Ms Cottell

Email regarding recent visit to the Premises.

12 May 2021

Respondent

Statement in response to events referred to in the Review documentation and advising of additional procedures and policies.

Undated

 

Decision: 

 

That the Premises Licence in respect of Hennessey Cocktails, 2 King Street, Brixham be revoked.

 

Reason for Decision:

 

Having carefully considered all the oral and written Representations, Members resolved unanimously to  ...  view the full minutes text for item 9.

10.

Licensing Act 2003 – An application for a Transfer of the Premises Licence for Hennessey Late Lounge Bar, 2 New Road, Brixham, Devon, TQ5 8NE pdf icon PDF 193 KB

This is an application to Transfer a Premises Licence under the Licensing Act 2003

Additional documents:

Minutes:

Members considered an application for a transfer of the Premises Licence for Hennessey Late Lounge Bar, 2 New Road, Brixham, TQ5 8NE.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Representation objecting to the transfer on the grounds of ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance’.

27 May 2021

 

Oral Representations received from:

 

Name

Details

Police

The Police Representative presented their objection to the application and responded to Members questions.

Applicant

The Applicant presented their application and responded to Members questions.

 

Decision:

 

That the application for a transfer of the Premises Licence in respect of Hennessey Late Lounge Bar, 2 New Road, Brixham be refused.

 

Reason for Decision:

 

Having carefully considered all the oral and written Representations, Members resolved unanimously to refuse the transfer of both Premises Licence to Mr Hennessey and to specify him as the Designated Premises Supervisor of those Premises in turn, as they could not be satisfied on the evidence before them, that the premises operations would be compliant with the conditions of its licence and that the Licensing Objectives would be promoted.

 

In coming to that decision, Members noted that Mr Hennessey had agreed for all four applications to be heard at the same time and that he did not wish to make any comment on these applications.

 

On hearing the submissions from the Police’s legal representative, in simply wishing Members to consider that which they had heard in respect of Mr Hennessey’s management of Hennessey Cocktails, 2 King Street, Brixham and; if Members could not be satisfied that Mr Hennessey was suitable to hold that premises licence, how could they be satisfied to grant these applications which were for later terminal hours and would naturally require firmer control.

 

Noting that these were separate applications and that due regard was needed to be given to each one in turn, Members determined that an outright refusal in respect of each application was both appropriate and proportionate, for the reasons given in their decision for the revocation of Premises Licence held by Mr Hennessey, in respect of Hennessey Cocktails, 2 King Street Brixham and; in the absence of any submissions by Mr Hennessey in respect of these applications to the contrary, Members found no reason to depart from their findings of Mr Hennessey’s inability, unsuitability and apparent unwillingness to operate a licensed premises in a responsible manner.

11.

Licensing Act 2003 – An application for a Transfer of the Premises Licence for Hennessey Sports Bar, Parkham Road, Brixham, Devon, TQ5 9BU pdf icon PDF 352 KB

This is an application to Transfer the Premises Licence under the Licensing Act 2003

Additional documents:

Minutes:

Members considered an application for a transfer of the Premises Licence for Hennessey Sports Bar, Parkham Road, Brixham, TQ5 9BU.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Representation objecting to the transfer on the grounds of ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance’.

27 May 2021

 

Name

Details

Police

The Police Representative presented their objection to the application and responded to Members questions.

Applicant

The Applicant presented their application and responded to Members questions.

 

Decision: 

 

That the application for a transfer of the Premises Licence in respect of Hennessey Sports Bar, Parkham Road, Brixham be refused.

 

Reason for Decision:

 

Having carefully considered all the oral and written Representations, Members resolved unanimously to refuse the transfer of both Premises Licence to Mr Hennessey and to specify him as the Designated Premises Supervisor of those Premises in turn, as they could not be satisfied on the evidence before them, that the premises operations would be compliant with the conditions of its licence and that the Licensing Objectives would be promoted.

 

In coming to that decision, Members noted that Mr Hennessey had agreed for all four applications to be heard at the same time and that he did not wish to make any comment on these applications.

 

On hearing the submissions from the Police’s legal representative, in simply wishing Members to consider that which they had heard in respect of Mr Hennessey’s management of Hennessey Cocktails, 2 King Street, Brixham and; if Members could not be satisfied that Mr Hennessey was suitable to hold that premises licence, how could they be satisfied to grant these applications which were for later terminal hours and would naturally require firmer control.

 

Noting that these were separate applications and that due regard was needed to be given to each one in turn, Members determined that an outright refusal in respect of each application was both appropriate and proportionate, for the reasons given in their decision for the revocation of Premises Licence held by Mr Hennessey, in respect of Hennessey Cocktails, 2 King Street Brixham and; in the absence of any submissions by Mr Hennessey in respect of these applications to the contrary, Members found no reason to depart from their findings of Mr Hennessey’s inability, unsuitability and apparent unwillingness to operate a licensed premises in a responsible manner.

12.

Licensing Act 2003 – An application for a Variation to a Premises Licence to Specify an Individual as the Hennessey Late Lounge Bar, 2 New Road, Brixham, Devon, TQ5 8NE pdf icon PDF 352 KB

An application to Vary the DPS, under the Licensing Act 2003

Additional documents:

Minutes:

Members considered an application for a variation to a Premises Licence to specify an individual as the Designated Premises Supervisor at the Hennessey Late Lounge Bar, 2 New Road, Brixham, TQ5 8NE.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Representation objecting to the transfer on the grounds of ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance’.

27 May 2021

 

Oral Representations received from:

 

Name

Details

Police

The Police Representative presented their objection to the application and responded to Members questions.

Applicant

The Applicant presented their application and responded to Members questions.

 

Decision: 

 

That the application for a variation of the Premises Licence to specify Mr Hennessey as the Designated Premises Supervisor in respect of Hennessey Late Lounge Bar, 2 New Road, Brixham be refused.

 

Reason for Decision:

 

Having carefully considered all the oral and written Representations, Members resolved unanimously to refuse the transfer of both Premises Licence to Mr Hennessey and to specify him as the Designated Premises Supervisor of those Premises in turn, as they could not be satisfied on the evidence before them, that the premises operations would be compliant with the conditions of its licence and that the Licensing Objectives would be promoted.

 

In coming to that decision, Members noted that Mr Hennessey had agreed for all four applications to be heard at the same time and that he did not wish to make any comment on these applications.

 

On hearing the submissions from the Police’s legal representative, in simply wishing Members to consider that which they had heard in respect of Mr Hennessey’s management of Hennessey Cocktails, 2 King Street, Brixham and; if Members could not be satisfied that Mr Hennessey was suitable to hold that premises licence, how could they be satisfied to grant these applications which were for later terminal hours and would naturally require firmer control.

 

Noting that these were separate applications and that due regard was needed to be given to each one in turn, Members determined that an outright refusal in respect of each application was both appropriate and proportionate, for the reasons given in their decision for the revocation of Premises Licence held by Mr Hennessey, in respect of Hennessey Cocktails, 2 King Street Brixham and; in the absence of any submissions by Mr Hennessey in respect of these applications to the contrary, Members found no reason to depart from their findings of Mr Hennessey’s inability, unsuitability and apparent unwillingness to operate a licensed premises in a responsible manner.

13.

Licensing Act 2003 – An application for a Variation to a Premises Licence to Specify an Individual as the Hennessey Sports Bar, Parkham Road, Brixham, Devon, TQ5 9BU pdf icon PDF 352 KB

Application to Vary the DPS under the Licensing Act 2003

Additional documents:

Minutes:

Members considered an application for a variation to specify an individual as the Designated Premises Supervisor at Hennessey Sports Bar, Parkham Road, Brixham, TQ5 9BU.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Representation objecting to the transfer on the grounds of ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance’.

27 May 2021

 

Oral Representations received from:

 

Name

Details

Police

The Police Representative presented their objection to the application and responded to Members questions.

Applicant

The Applicant presented their application and responded to Members questions.

 

Decision: 

 

That the application for a variation of the Premises Licence to specify Mr Hennessey as the Designated Premises Supervisor in respect of Hennessey Sports Bar, Parkham Road, Brixham be refused.

 

Reason for Decision:

 

Having carefully considered all the oral and written Representations, Members resolved unanimously to refuse the transfer of both Premises Licence to Mr Hennessey and to specify him as the Designated Premises Supervisor of those Premises in turn, as they could not be satisfied on the evidence before them, that the premises operations would be compliant with the conditions of its licence and that the Licensing Objectives would be promoted.

 

In coming to that decision, Members noted that Mr Hennessey had agreed for all four applications to be heard at the same time and that he did not wish to make any comment on these applications.

 

On hearing the submissions from the Police’s legal representative, in simply wishing Members to consider that which they had heard in respect of Mr Hennessey’s management of Hennessey Cocktails, 2 King Street, Brixham and; if Members could not be satisfied that Mr Hennessey was suitable to hold that premises licence, how could they be satisfied to grant these applications which were for later terminal hours and would naturally require firmer control.

 

Noting that these were separate applications and that due regard was needed to be given to each one in turn, Members determined that an outright refusal in respect of each application was both appropriate and proportionate, for the reasons given in their decision for the revocation of Premises Licence held by Mr Hennessey, in respect of Hennessey Cocktails, 2 King Street Brixham and; in the absence of any submissions by Mr Hennessey in respect of these applications to the contrary, Members found no reason to depart from their findings of Mr Hennessey’s inability, unsuitability and apparent unwillingness to operate a licensed premises in a responsible manner.