Councillor Barbara Lewis was elected as Chairwoman for the meeting.

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

It was reported that the membership of the Sub-Committee had been amended for this meeting by including Councillors Barnby and Chris Lewis instead of Councillors Ellery and Douglas-Dunbar.

To confirm as a correct record the Minutes of the meeting of the Licensing Sub-Committee held on 26 May 2022.

The Minutes of the meeting of the Sub-Committee held on 26 May 2022 were confirmed as a correct record and signed by the Chairwoman.

To consider and determine an application for a new Premises Licence in respect of The Still House, Unit 4 & 5 South Quay, Paignton, TQ4 6DT.

Members considered a report on an application for a Premises Licencein respect of The Still House, Unit 4 & 5 South Quay, Paignton, TQ4 6DT.

Written Representations received from:

Additional Information:

Members noted that an email had been received by the Police Representative giving their apologies for the hearing due to illness.  They were aware that the Applicant had agreed to their three proposed conditions being added to their Licence, if granted, and therefore did not feel it necessary to send an alternative representative to the hearing.

Oral Representations received from:

Applicant’s response to Representations:

At the hearing, the Applicant apologised for not seeing and responding to the Representation from the Police sooner, to confirm that they agreed to the following conditions being added to the Licence, if granted, as suggested by the Police, and noted that had they had a chance to do so, the Licence would have been granted with these additional conditions without the need to come before the Licensing Sub-Committee:

1.         Persons using the outdoor seating area will be seated at all times.

2          The supply of alcohol to persons using the outside area shall only be permitted by way of table service, and waiting staff shall ensure that customers are seated and that empty glasses are cleared away promptly.

3.         In the outside area, there shall be no consumption of alcohol, or other beverages, from glass bottles from which it is intended or likely that a person shall drink.

The Applicant confirmed their acceptance of these conditions at the hearing.

Decision:

That the application for a Premises Licencein respect of The Still House, Unit 4 & 5 South Quay, Paignton, TQ4 6DT be granted as applied for, subject to the following additional conditions:

1.         Persons using the outdoor seating area will be seated at all times.

2          The supply of alcohol to persons using the outside area shall only be permitted by way of table service, and waiting staff shall ensure that customers are seated and that empty glasses are cleared away promptly.

3.         In the outside area, there shall be no consumption of alcohol, or other beverages, from glass bottles from which it is intended or likely that a person shall drink.

Reason for Decision:

Having carefully considered all the oral and written Representations, Members resolved to grant the application having been satisfied that the operating schedule, along with the additional three conditions, would seek to ensure that the Licensing Objectives would be promoted.

In coming to their decision, Members had regard to the additional conditions suggested by the Police and agreed that the imposition of these additional conditions, was both appropriate and proportionate, to ensure that  ...  view the full minutes text for item 16.

To consider a report on the continuance of Personal Licence (PA0129).

The Licensing Sub-Committee considered a report on the determination of the continuance of Personal Licence (PA0129) held by Ms D J Winstanley, following notification of a conviction of a relevant offence under Schedule 4 of the Licensing Act 2003.  Members noted that Ms Winstanley had failed to inform the Licensing Authority of receipt of her conviction for a relevant offence, as required by her as a Personal Licence Holder.  Devon and Cornwall Police had notified the Licensing Authority of the offence on 27 April 2022.

Members noted that the conviction related to an offence committed under the Road Traffic Act 1988 (c52) (b) Section 4 (driving etc. a vehicle when under the influence of drink or drugs).  Ms Winstanley was ordered to pay a fine of £120, costs of £85, a victim surcharge of £34 and was disqualified from driving for an obligatory period of 14 months (the conviction would be spent on 26 June 2023).

The Licensing Authority had written to Ms Winstanley on 27 May 2022, at the address provided by her on her Personal Licence, to notify her that the Licensing Authority was considering suspending (for a maximum of six months) or revoking her licence and inviting her to make representations within 28 days of the date of the notice. Ms Winstanley failed to respond to this notice. The Interim Licensing Manager had since become aware that the address the Licensing Authority holds on file no longer exists, in that the name of the property had changed.  Members noted that Ms Winstanley was under a duty under Section 127 of the Licensing Act 2003 to inform the Licensing Authority of any change to address and that a person commits an offence if they fail without reasonable excuse to comply with this requirement.

The Licensing Authority also wrote to Ms Winstanley on 25 July 2022 advising her of the date of the hearing and inviting her to attend the hearing and submit further information.  This letter was sent to the address provided on her Personal Licence and a copy was also sent to an address provided by the Police, as given by Ms Winstanley in Court.  No response was received to these letters and the letter sent to the address provided by the Police was returned to the Council offices on 3 August 2022 advising that she was not known at that address.

Members resolved to consider the continuance of a Personal Licence in the absence of Ms Winstanley, as she had failed to respond to any communications from the Licensing Authority, or to notify the Licensing Authority of a change of address, having been satisfied in the circumstances, that it was in the public interest to determine this matter.

Decision:

That Ms D J Winstanley’s Personal Licence be revoked in accordance with 132(8) of the Licensing Act 2003 and that this revocation shall have immediate effect.

Reasons for Decision:

Having carefully considered the information provided in the Licensing Officer’s Report of 4 August 2022, Members resolved  ...  view the full minutes text for item 17.