Agenda and minutes

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

Contact: Governance Support 

Items
No. Item

46.

Apologies

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

Minutes:

It was reported that Councillor Mills was present for this hearing having been substituted by Councillor Barnby at the original hearing on 24 March 2022 which had been adjourned until today.

47.

Jackz Bar, Parkham Road, Brixham pdf icon PDF 158 KB

To consider an application for a Review of a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham.

Additional documents:

Minutes:

Further to the meeting of the Licensing Sub-Committee held on 24 March 2022 (Minute 42/3/22 refers), Members considered a report on an application for a Review of a Premises Licence in respect of Jackz Bar, Parkham Road, Brixham.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Application and supporting information for a Review Hearing.

1 February 2022

Public Protection Officer

Representation in support of the application for Review.

2 March 2022

Devon and Somerset Fire and Rescue Authority Business Safety Officer

Representation in support of the application for Review.

4 February 2022

Member of the Public

Representation in support of the application for Review.

24 February 2022

Police

Additional information in support of the application for Review.

4 March 2022

 

Additional Information:

 

Name

Details

Date of Representation

Police

Additional information in support of the application for Review.

4 March 2022

Respondent

Representation comprising of statements from a builder, Mr Hennessey and Mr Ralph, a photographer and photos of work carried out on the Premises against the application for Review.

Circulated on 24 March 2022

 

Following a request from the Police, the Chairman agreed to extend the normal time allowed for oral representations from 10 minutes to 30 minutes for all interested parties in light of the additional information which was circulated at the hearing on 24 March 2022.

 

At the hearing, Mr Ralph suggested that a further suspension of approximately one month would be appropriate to give him sufficient time to address the outstanding issues to ensure compliance with the premises licence.

 

Decision:

 

That in respect of the application for a Review of a Premises Licence of Jackz Bar, Parkham Road, Brixham, Members resolved unanimously to revoke the premises licence with immediate effect.

 

Reasons for Decision

 

Having carefully considered all the oral and written Representations, Members resolved unanimously to revoke the Premises Licence, as they could not be satisfied on the evidence before them, that the Premises Licence Holder, Mr Ralph, an employee of Mr Ross Hennessey, had autonomy, capacity nor capabilities to operate these premises in a manner which ensured that the Licensing Objectives would be promoted, and patrons would be kept safe.

 

In coming to that decision, Members noted the history of events leading to this Review and the continued involvement of Mr Hennessey in these premises, despite conditions in place to prohibit this.

 

In doing so, Members noted that Ms Harley, an employee of Mr Hennessey, was appointed as the Premises Licence Holder and Designated Premises Supervisor, on the afternoon of the 24June 2021, following a Licensing Committee decision earlier that same day, to refuse the transfer of these licences to Mr Hennessey. Furthermore, on the 7 October 2021, Members noted under the licences of Ms Harley, these premises were subject to a Review hearing called by the Police, for the reasons outlined in the report before them. Furthermore, on the morning of the Review hearing, Members noted that Ms Harley had resigned from these positions and a Ms Trust, also an employee of  ...  view the full minutes text for item 47.