To consider an application for a Variation to a Premises Licence in respect of Venue, 13 Torwood Street, Torquay.

Members considered a report on an application for a Variation to a Premises Licencein respect of Venue, 13 Torwood Street, Torquay.  The Premises do fall within the Cumulative Impact Area.

Written Representations received from:

Oral Representations received from:

Applicant’s response to Representations:

At the meeting the applicant circulated a drawing which demonstrated how the roof of the building was receiving sound proof treatment.  Pictures were also circulated by the applicant to demonstrate the sound proofing works being undertaken on the walls of the building.

Decision:

That the application for a variation to a Premises Licence in respect of Venue, 13 Torwood Street, Torquay be granted as applied for subject to the following amendments:-

i)             Remove condition 2 from the operating schedule and replace with - A noise limiting device shall be fitted so that all live and recorded music is channelled through the device(s).  The maximum noise levels will be set by Torbay Council's Public Protection Team prior to the premises opening and will be reviewed on an agreed basis between the Council's Public Protection Team and Premises License Holder to ensure that any actual or potential noise outbreak is addressed in a timely manner.

ii)            Remove Condition 10 from the operating schedule and replace with - From 23:00hours until the premises closes, a SIA door steward shall monitor the smoking area and ensure that patrons behaving in a noisy manner are either asked to leave or return inside the premises.

iii)           Remove Condition 12 from the operating schedule.

iv)           Remove Condition 13 of the operating schedule and replace with - Non sound reflective surfaces shall be used on the walls and floor within the smoking area where practically possible.

And in addition to the following conditions:

v)            All patrons consuming drinks in the smoking area must cease doing so at 23:00hours and arrangements must be in place by the Premises Licence Holder for all glasses to be cleared from that area at 23:00hours.  Those patrons wishing to continue drinking must be advised to do so inside the premises.

vi)           Patrons shall not be permitted to take drinks into the smoking area after 23:00hours.

vii)         After 23:00 hours, the number of patrons permitted to use the smoking area shall be limited to a maximum of 80 patrons at any one time.

Reason for Decision:

Having carefully considered all the oral and written representations, Members resolved to grant the Licence having been satisfied that the amendments to the operating schedule and the additional conditions would seek to alleviate the concerns raised by members of the public who had made a representation.

In coming to their decision, Members noted the proven track record of the Applicant in working with the Responsible Authorities to ensure that premises to which he was the Premises Licence Holder of were operated in a responsible manner which sought to promote the Licensing Objectives. In addition to the considerable and costly efforts made by the Applicant in structurally altering this premise to address historical complaints which occurred before the Applicant took over the premises and to ensure that any potential noise outbreak emanating from his premises in the future would not cause a nuisance to nearby residence

Members further noted that the both the Police and Public Protection had not objected to this application and that the Applicant having consulted the Responsible Authorities prior to submitting his application, had taken on board their submissions which were reflected in the applications operating schedule.

When examining the intended use between this premise and the neighbouring premise, Members resolved that the internal door would in fact reduce the number of potential patrons from transferring on the street level and in doing so, would decrease noise levels previously experienced and complained of by members of the public present at the hearing.

In concluding Members noted that should issues arise and not be resolved as a result of granting this licence, members of the public and the Responsible Authorities would be able to review the premises licence.