Agenda item

Yacht, 18-19 Victoria Parade, Torquay

To consider Report 89/2011 on an application for a Premises Licence in respect of Yacht, 18-19 Victoria Parade, Torquay.

Minutes:

Members considered an application for a Premises Licence in respect of Yacht, 18-19 Victoria Parade, Torquay, as set out in Report 89/2011.

 

Cumulative Impact Zone:

 

The Premises do fall within the Cumulative Impact Area.

 

Written representations received from:

 

Name

Details

Date of Representation

Police

Representation suggesting five additional conditions to the Premises Licence, as set out in Appendix 2 to Report 89/2011.

 

23 February 2011

Public Protection

Representation raising concerns in respect of the Licensing Objective ‘The Prevention of Public Nuisance’.  The Representation also suggests two additional conditions to the Premises Licence, as set out in Appendix 3 to Report 89/2011.

 

15 March 2011

Member of the Public

Representation objecting to the application on the grounds of ‘The Prevention of Crime and Disorder’, ‘The Prevention of Public Nuisance’, and ‘Public Safety’, as set out in Appendix 4 to Report 89/2011.

Not Known

 

Additional information:

 

Prior to the Sub-Committee, the Applicant’s Representative requested 20 minutes to present their application.  The Sub-Committee agreed to this extension of time at the Hearing and informed the Police, Public Protection representatives and the Interested Party present that they too would be permitted 20 minutes when making their oral representations.

 

Oral representations received from:

 

Name

Details

Applicant’s Representative

The Applicant’s Representative outlined the application as set out in Report 89/2011; addressed the issues raised in the written representations and responded to Members questions.

 

Police

The Police Representative confirmed that the Police had no formal objection to the application but outlined the conditions they were recommending as necessary to ensure that the grant of such a licence would promote the Licensing Objectives.  In addition the Police Representative advised that the first four conditions, as set out in Appendix 2 to report 89/2011 had been included in the operating schedule and therefore only the fifth condition was outstanding and needed to be included on the Premises Licence.  The Police Representative also advised Members that the Applicant’s tenant’s had agreed to surrender the Premises Licence for Trents if the application for the Yacht was successful.

 

Public Protection

The Senior Environmental Health Officer outlined his representation and following negotiations confirmed the Applicant had agreed to the two additional conditions proposed by them.

 

Member of Public

A Member of the Public outlined their objection to the application and responded to Members questions.

 

Applicants response to representations:

 

The Applicant’s Representative confirmed that the Applicant had agreed, prior to the Licensing Sub-Committee, to the additional conditions proposed by the Police and had now agreed the amended conditions proposed by Public Protection.

 

Decision:

 

That the application for the Yacht, 18-19 Victoria Parade, Torquay be granted as applied for, subject to the proposed and amended conditions put forward by the Police and Public Protection, and as agreed by the Applicant.

 

Reason for decision:

 

Having carefully considered all the written and oral representations, Members specifically noted the concern of the resident in respect of the Cumulative Impact Area Policy.  However resolved that a departure from this policy was proportionate having had particular regard to the oral representation from the Police in that the granting of this licence would not add to problems of crime and disorder, given that the Applicant’s tenant’s have agreed to surrender their current Premises Licence namely Trents which is situated within the same area, albeit a smaller premises.

 

Members were also satisfied that the Applicant had demonstrated within their operating schedule that there would be no negative impact on one or more of the Licensing Objectives and in particular, the conditions to alleviate concerns of public nuisance.

 

Members additionally noted the nature of the business being proposed by the Applicant, in that it was based on both food and licensable activities and as such, would seek to also attract families.

 

Members were reassured that should issues arise as a result of this grant an immediate Review of this Licence would be sought by the Responsible Authorities.

Supporting documents:

 

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