Agenda and minutes

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

Contact: Kay Heywood  Governance Support Officer 01803 207026

Items
No. Item

1.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Addis was elected as Chairman for the meeting.

2.

Minutes pdf icon PDF 118 KB

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 8 April 2014.

Minutes:

The Minutes of the meeting of the Sub-Committee held on 8 April 2014 were confirmed as a correct record and signed by the Chairman.

3.

Licensing Act 2003 – An application for a Review of a Premises Licence for Seamus O’Donnells, 28 Victoria Parade, Torquay TQ1 2BD pdf icon PDF 116 KB

To consider an application for a Review of a Premises Licence for Seamus O’Donnells, 28 Victoria Parade, Torquay TQ1 2BD.

Additional documents:

Minutes:

Members considered a report on an application for a Review of a Premises Licence for Seamus O’Donnells, 28 Victoria Parade, Torquay TQ1 2BD.

 

Members noted that the application had been properly made and that the Applicant is an Interested Party and that the administrative requirements of Section 51 (3)(a) and (b) had been met and that the Representation had not been subsequently withdrawn and was not vexatious, frivolous or repetitious.

 

The Premises do fall within the Cumulative Impact Area.

 

Written Representations received from:

 

Name

Details

Date of Representation

Public Protection

Representation in relation to the Licensing Objective ‘The Prevention of Public Nuisance’ and a chronology of noise complaints and interventions.

31 March 2014

Interested Party with two signatures

Representation in relation to the Licensing Objective ‘The Prevention of Public Nuisance.’

11 April 2014

The Police

Statement from Devon & Cornwall Police.

15 April 2014

 

Members noted that there had been no additional Representations received from any other Responsible Authority and that although the Police had considered the application and had made a Statement, they were satisfied that the Premises currently met the Licensing Objective ‘The Prevention of Crime and Disorder’ and therefore did not make a Representation.

 

Oral Representation received from:

 

Name

Details

Public Protection

The Public Protection Officer outlined their Representation, as set out in the submitted documents, responded to Members questions and proposed additional conditions.

Police

The Police Licensing Officer outlined their Statement, as set out in the submitted documents and responded to Members questions.

The Respondents and Noise

Consultant

The Repondents responded to Members questions and clarified information submitted by the Applicant.  The Noise Consultant outlined the information circulated to Members as a late paper.

 

Additional Information:

 

Members noted that the Applicant and the Interested Party had not returned their Notice to attend, but were aware that the Committee hearing was taking place.

 

The Applicant had been contacted by the Public Protection Officer who advised Members that the Applicant had moved from the property. The Interested Party had also been contacted by the Senior Licensing Officer.

 

The Council’s Senior Solicitor advised Members that despite the Applicant not being present, the Application for a Review was still required to take place as it had not been withdrawn and that there had been additional Representations from the Council’s Public Protection Department and an Interested Party which had two signatures.

 

Decision:

 

That the application for a Review of a Premises Licence for Seamus O’Donnells, 28 Victoria Parade, Torquay TQ1 2BD be noted and that the Premises Licence be modified to include three additional conditions as follows:

 

1.    Before and future structural change or refurbishment is commenced at the Premises, an evaluation of any noise breakout must be undertaken and a report submitted to the Environmental Health Department on the works to be undertaken to attenuate noise break out and those works must be implemented to the satisfaction of Officers of the department.

2.    All regulated music on the First Floor must be played through a noise limiter  ...  view the full minutes text for item 3.