Councillor Ellery was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meetings of a Sub-Committee held on 20 February, 21 May, 18 June, 23 July, 6 August, 8 October, 19 and 26 November, 3 and adjourned meeting on 3 December, 10 and 21 December 2020, 14 January, 18 February and 8 April 2021.

The Minutes of the meetings of the Sub-Committee held on 20 February, 21 May, 18 June, 23 July, 6 August, 8 October, 19 and 26 November, 3 and adjourned meeting on 3 December, 10 and 21 December 2020, 14 January, 18 February and 8 April 2021 were confirmed as a correct record and signed by the Chairman.

To consider an application for a Premises Licence in respect of No 18, 18 Esplanade Road, Paignton, TQ4 6BD

Members considered a report on an application for a Premises Licencein respect of No.18, 18 Esplanade Road, Paignton.

Written Representations received from:

Additional Information:

Prior to the Hearing the Applicant requested the following documents be circulated:

• Proposed additional conditions to be added to the Licence, if granted;
• Plan showing internal dimensions of the premises; and

·         Photos showing the outside space and exits.

In addition to the above, during the Hearing the Applicant’s suggested the following changes/additional conditions that they would be happy to be added to their Licence, if granted:

·         removal of off sales from the licence;

·         to change the ratio of SIA Door stewards from 1 for every 100 persons to 1 for every 75; and

·         to make the smoking area/beer garden no gathering after 1am and limit of maximum of 20 persons.

Oral Representations received from:

Decision

That the application for a Premises Licence in respect of No.18, 18 Esplanade Road, Paignton be refused.

Reasons for Decision

Having carefully considered all the written and oral Representations, Members unanimously resolved to refuse the application before them.

In coming to that decision, Members considered the Independent Noise Report and Noise Management Plan submitted by the Applicants’, dated 7^th October 2019 and were impressed and pleased to note that they had thoroughly addressed the issue of potential noise outbreak from inside the premises.  This coupled with the reassurances given by the Public Protection Officer that he had no concern in this regard, as was the case when the application was previously considered by a Licensing Sub-Committee hearing of the 24^th October 2019, satisfied Members that noise outbreak from inside the premises would be eliminated by these measures.

However, on the evidence before them, Members were not able to gain the same level of reassurance they required in respect of ensuring that ‘The Prevention of Public Nuisance’ licensing objective was promoted, when determining an application for a 3am licence. 

Members had careful regard to Torbay Council’s Licensing Statement of Principles P22, Paragraph 4 which states “Where applicants are completing Operating Schedules, they are expected to have regard to the location of the proposed or actual  ...  view the full minutes text for item 3.