Councillor Addis was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 20 December 2012.

The Minutes of the meeting of the Licensing Sub-Committee held on 20 December 2012 were confirmed as a correct record and signed by the Chairman.

To consider an application for a Variation to a Premises Licence in respect of Winstons, Station Square, Paignton.

Members considered a report on an application for a Variation to a Premises Licencein respect of Winstons, Station Square, Paignton. 

Written Representations received from:

Oral Representations received from:

Decision:

That the application for a Variation to a Premises Licence in respect of Winstons, Station Square, Paignton be granted as applied for, subject to the inclusion of the conditions proposed and agreed by the Police and the Applicants Solicitor.

Reason for Decision:

Having carefully considered the Applicant and Police’s written and oral Representations, Members resolved to grant the licence as applied for, subject to the agreed conditions which they believe would address the issue of concern in respect of consuming drinks within the designated smoking area.

In respect of the proposal put forward in the written Representation  of Torbay Safeguarding Children Board, Membersafter careful considerationresolved that given the current licence does have conditions in place with regards to the Protection of Children from Harm and the fact that there is no evidence before them either orally or in writing to support such a modification of the licence, they could not be satisfied that to impose the proposed conditions were appropriate.

To consider an application for a Variation to a Premises Licence in respect of Tapas Bar, 11-13 Abbey Road, Torquay.

Members considered a report on an application for a Variation to a Premises Licence in respect of Tapas Bar, 11-13 Abbey Road, Torquay.  The Premises do fall within the Cumulative Impact Area.

Written Representations received from:

Additional Information:

Members were informed that the Applicant had not returned their Notice, as in accordance with section 8(1)(a) and (2) of The Licensing Act 2003 (Hearings) Regulations 2005.  Members’ permission was sought and granted for the Applicant to proceed with the Application.

Oral Representations received from:

Applicant’s response to Representations:

The Applicant confirmed that he agreed with the proposed conditions set out in Appendix 3 to the submitted report.

Decision:

That the application for a Variation to a Premises Licence in respect of Tapas Bar, 11-13 Abbey Road, Torquay be granted as applied for, subject to the inclusion of the conditions set in Appendix 3 to the submitted report with an amendment to the fifth condition which shall now read:

‘Customers exhibiting noisy behaviour will be either asked to return inside or leave the premises’.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to grant the licence having been satisfied that the application will not add to public nuisance in light of the agreed conditions and therefore saw reason to depart from the Council’s Licensing Policy, in respect of the premises being within the Cumulative Impact Area.

In addition, Members noted that the nature of the premises proposed by the Applicant was a considerable change to the previous operation and therefore anticipated that previous concerns would no longer exist .