Councillor Ellery was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meetings of the Sub-Committee held on 1 and 22 September 2022.

The Minutes of the meetings of the Sub-Committee held on 1 and 22 September 2022 were confirmed as a correct record and signed by the Chairman.

To consider an application for a new Premises Licence in respect of Wall Park Touring Centry Road, Berry Head, Brixham

Members considered an application for a new Premises Licencein respect of the Wall Park Touring Centry Road Camping, Berry Head, Brixham, TQ5 9ET.

Written Representations received from:

Oral Representations received from:

Decision:

That the application for a new Premises Licence in respect of the Wall Park Touring Centry Road Camping, Berry Head, Brixham, TQ5 9ET be approved as applied for, subject to off-sales being removed from this application and the following additional condition:

That the sale and consumption of alcohol shall only be permitted to persons residing at the premises.

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 condition and removal of off-sales, would seek to alleviate the concerns raised by the Interested Parties and promote the Licensing Objectives.

In coming to their decision, Members noted the intended degree of management and control of the site, and the measures implemented by the Applicant to address concerns raised in the objection representations and were reassured that the Applicant would operate these premises in a responsible manner. 

This manner was evident in the Applicant’s engagement with the neighbouring residents which was confirmed by the member of the public in attendance, who added that his concerns had been alleviated, in hearing the Applicant’s oral submissions. This further reassured Members, that should an issue of concern arise, the Applicant would be responsibly responsive in addressing this.

Members noted the absence of a representation received from any Responsible Authority and deduced from this, that they had no concerns with this application. In forming this opinion, Members noted the proactiveness of the Responsible Authorities in submitting representations, where concerns presented.

In concluding, Members noted the application benefitted from exemption of the Live Music Act 2012 and therefore could only determine matters which related to the sale of alcohol and opening hours. However, should issues arise as a result of granting this application, a Review of the Premises Licence is available to any Responsible Authority or Interested Party.

To consider an application for a new Premises Licence in respect of Hennessey Cocktail Lounge, 2 King Street, Brixham. 

Members considered an application for a new Premises Licencein respect of the Hennessey Cocktail Lounge, 2 King Street, Brixham, TQ5 9TF.

Written Representations received from:

Oral Representations received from:

Applicant’s response to Representations:

Prior to the Hearing, the Applicant submitted the ‘Hennessey Cocktail Lounge Training Manual and Policies Sep 22’.  This document was duly circulated to Members for consideration.

Decision:

That the application for a new Premises Licence in respect of the Hennessey Cocktail Lounge, 2 King Street, Brixham, TQ5 9TF be approved as applied for, subject to the following amendments to the application:

1.    All persons within the premises should be seated at tables (other than when using the toilets/entering/leaving or ordering at the counter).  All customers should be served by waiter/waitress service.

 The words “or ordering at the counter” shall be removed. 

2.    CCTV – condition viii – shall be amended to remove the words “as soon as is reasonably practical” and replaced with within 21 days.

And subject to the following conditions being added:

1.    After 9 pm, when the SIA Door Steward is required to vacate their position at the premises entrance door, their duties therein at that location, shall immediately be undertaken by a member of staff to ensure that those duties are maintained. 

2.    Mr Ross Hennessey shall not be permitted to make any decision in respect of licensable activities at these premises.

3.    All licensable activities shall be under the direction of the Premises Licence Holder and/or Designated Premises Supervisor.

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 conditions and amendments to the application, would seek to ensure that the Licensing Objectives would be promoted.

In coming to their decision, Members had regard to the location of the premises within a mixed use area which included close proximity of residential premises, the history of these premises operations, that proposed by the Applicant, and determined that the amendments and the additional conditions were both appropriate and proportionate to ensure that these premises are operated in a responsible manner which in turn, promoted the Licensing Objectives ‘the Prevention of Crime and Disorder’ and ‘the Prevention of Public Nuisance’ and would alleviate the concerns raised by the members  ...  view the full minutes text for item 39.