Agenda and draft minutes

Venue: Banking Hall, Castle Circus entrance on the left corner of the Town Hall, Castle Circus, Torquay, TQ1 3DR. View directions

Contact: Governance Support 

Items
No. Item

3.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Spacagna was elected as Chairman for the meeting.

4.

Minutes pdf icon PDF 353 KB

To confirm as a correct record the Minutes of the meetings of Statutory Licensing Sub-Committee held on 30 January 2025 and 6 February 2025.

Additional documents:

Minutes:

The Minutes of the meetings of the Sub-Committees held on 30 January 2025 and 6 February 2025 were confirmed as a correct record and signed by the Chairman.

5.

Licensing Act Review in respect of The Devon Dumpling, 108 Shiphay Lane, Torquay pdf icon PDF 395 KB

To consider an application for a Review of a Premises Licence in respect of The Devon Dumpling, 108 Shiphay Lane, Torquay.

Additional documents:

Minutes:

Members considered a report on an Application for a Review of a Premises Licence in respect of the Devon Dumpling, 108 Shiphay Lane, Torquay. 

 

Written Representations were received from:

 

Name

Details

Date of Representation

Applicant

Application and supporting correspondence for a Review of the Premises Licence in respect of the Devon Dumpling, 108 Shiphay Lane, Torquay.

9 May 2025

Public Protection Officer

Report by Torbay Council as the Responsible Authority for Public and Statutory Noise.

Undated

Member of the Public

Representation supporting the Application for a Review of the Premises Licence.

Undated

Member of the Public

Representation neither supporting nor objecting to the Application for a Review of the Premises Licence.

23 May 2025

 

Oral Representations were received from:

 

Name

Details

Applicant

The Applicant outlined the Application for a Review of a Premises Licence and responded to Members’ questions.

Public Protection Officer

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

The Respondent

The Respondent supported by his new Manager responded to the Application for a Review of a Premises Licence and responded to Members’ questions. 

 

Decision:

 

That the current Designated Premises Supervisor of the premises known as The Devon Dumpling, 108 Shiphay Lane, Torquay be removed with immediate effect.

 

And the following conditions to be amended:

 

Condition 3

           

all windows and doors shall be kept closed during regulated entertainment after 10 pm with regular checking by staff’.

 

shall now read

 

all windows and doors shall be kept closed during regulated entertainment with regular checking by staff’.

 

Condition 9

 

that the pre-existing conditions around prevention of public nuisance at Annex 3, point 1 of the current Premises Licence shall be reinstated’

 

shall now read

 

the live music exemption under section 177A of The Licensing Act 2003 shall be removed.  Any conditions previously exempted under this provision are enforceable. 

 

Condition 11

 

lights in the outside area shall be turned off at 10pm but for the designated smoking area and the area leading directly to it’

 

shall now read

 

lights in the outside seating area at the rear of the premises shall be turned off at 10pm but for the designated smoking area and the area leading directly to it’ 

 

And the following additional condition:

 

‘The premises shall install a sign in the car park, reminding patrons to leave the premises quietly and respectfully, which during the hours of opening and closing shall be adequately lit to be reasonably seen by patrons.’   

 

Reasons for Decision:

 

Having carefully considered all the written and oral Representations, Members unanimously resolved to remove the current Designated Premises Supervisor with immediate effect and to modify the Premises Licence as they could not be satisfied based on the evidence before them, that without such removal and modification, the Licensing Objectives; namely, The Prevention of Public Nuisance and The Prevention of Crime and Disorder would be promoted.

 

In coming to their decision, noting that this was the second review of the premises this year, the first having been brought by  ...  view the full minutes text for item 5.