Councillor Thomas (J) was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 21 April 2016.

The Minutes of the meeting of the Sub-Committee held on 21 April 2016 were confirmed as a correct record and signed by the Chairman.

To consider an application for a Variation to a Premise Licence in respect of Lime Tree, 9-11 Dartmouth Road, Paignton.

Members considered a report on an application for a Variation to a Premises Licencein respect of The Lime Tree, 9-11 Dartmouth Road, Paignton. 

Written Representations received from:

Additional Information:

Prior to the hearing additional information from the Applicants Representative and Public Protection was circulated to Members.

The Chairman had received a request from the Public Protection Representative to allow 15 minutes for Oral Representations.

The Chairman permitted the extension of time for Oral Representations and advised that each party would be permitted 15 minutes to make their representation.

Oral Representations received from:

Applicant’s response to Representations:

At the request of the Senior Solicitor to the Licensing Sub-Committee a copy of the Noise Management Plan was available for Members consideration during their deliberation.

Decision:

That the application for a Variation to a Premises Licence in respect of Lime Tree, 9-11 Dartmouth Road, Paignton be refused.

Reason for Decision:

Having carefully considered all the written and oral representations, Members resolved to refuse the application, having initially been satisfied that the conditions put forward by the Police and agreed in principal by the Applicant would be sufficient to promote The Prevention of Crime and Disorder Licensing Objective. 

The decision to refuse the application overall is as a direct result of these premises being in such close proximity to residential areas and despite being led to believe by the Applicant’s Legal Representative that there was a draft Noise Management Policy in place which turned out only to be a blank template, Members could not after lengthy deliberation on the evidence before them be satisfied that the granting of this Variation would not have a negative impact on The Prevention of Public Nuisance Licensing Objective.

In coming to this decision, Members had regard to the apparent lack of appropriate consideration by the Applicant before submitting their application for a 04.00 licence with a closing time of 04.30 and the impact the premises operation may have on residents living in the area and its adjoining streets being used by Patrons to exit the area in which the premises is located: being presumed by the Applicant that the current conditions would be acceptable, the absence of a said Policy, the fabric of the building which on the submission of the Senior Environmental Health Officer did not lend  ...  view the full minutes text for item 3.