Members considered a report on an application for a Variation of the Premises Licence in respect of John Bull, 68-70 Chatto Road, Torquay TQ1 4HU

Written representation received from:

Oral representation received from:

Decision: 

That the application for a variation of the Premises Licence in respect of John Bull, Chatto Road, Torquay, be granted, as applied for subject to the following conditions being added to the Premises license:

1. ?The beer garden shall close at 10 pm. 

2.?No live music or streamed music will be played in the beer garden. 

3.?Access to the beer garden shall be permitted through the pub only and not via the premises private apartment access. 

4.?visible signs shall be erected to remind customers to adhere to conditions 2 and 3 as set out in Annexe 3 of the premises licence and as is accordance with the premises noise management plan.     

5.?The beer garden shall be routinely monitored after 9pm in accordance with Annexe 3, condition 4.   

The following additional condition to give effect to condition 5 shall be separated to read as follows:

6. Anyone causing a nuisance in the beer garden after 9 pm, shall be asked to come inside the premises, and where they refuse to do so, they shall be asked to leave the premises immediately;

Members determined that conditions 9 and 10 within Annexe 3 shall not be removed.   

Conditions 12 and 13 under the heading ‘The Prevention of Public Nuisance’ Annexe 2 shall be removed as they are a duplication of condition 15 in Annexe 3.   

The Applicant shall submit to the Licensing Authority an updated plan to give effect to this grant. 

Reasons:

Having carefully considered all the written and oral representations, Members resolved to grant the variation application as applied for, subject to that set out in the decision, having been satisfied that with the proposed additional and amended conditions, all of the licensing objectives would be promoted.

Members were reassured by the Applicants professional and committed approach to operating these premises in a responsible manner and noted the improvements in community relations with the premises under current management. 

In coming to their decision, Members had careful regard to the geography of the immediate area surrounding the premises t, which is immediately surrounded by dense residential properties, and the proposed revised use of an additional outdoor seating area.  Members noted the representation received which set out concerns  in relation to disturbance in a residential area and determined that the location, use, and scale of the proposed beer garden was reasonable, noting the current premises Noise Management Plan, proactive management by the premises manager and her staff and engagement with the community, there being only one representation objecting to this application in what is a dense residential area, and there being no representations from any Responsible Authority,

However, Members determined not to grant the requested variation to remove conditions 9 and 10 within Annex 3, as they were not assured that sufficient mitigations would manage  potential noise outbreak, noting historical issues at the premises around mobile phone use outside the premises and the current and increased use of the premises outside area, noting that current conditions are working, evidenced by there being no complaints.  Members further noted an ambiguity between the daily practice described at the hearing and the licensing variation requests, and determined that restricting use of the premises outside areas to 10pm, save for the designated smoking area and associated restrictions on its use after 10pm  was necessary to maintain the position that there are no complaints given the premises location and proximity to residential premises.

In concluding, Members considered it to be entirely in order to approve the application as submitted, and that the additional conditions proposed were both appropriate and proportionate, and determined in all the circumstances, that the Licensing Objectives would not be undermined in granting the application for a Variation to a Premises Licence.  However,?should issues arise as a result of granting this application,?a Review of the Premises Licence is available to any Responsible Authority or any other person.