Bolton Hotel, New Road, Brixham
- Meeting of Licensing Sub-Committee, Thursday, 18 May 2017 9.30 am (Item 45.)
- View the background to item 45.
To consider an application for a Variation to a Premises Licence in respect of Bolton Hotel, New Road, Brixham.
Minutes:
Members considered a report on an application for a Variation to a Premises Licencein respect of the Bolton Hotel, New Road, Brixham.
Written Representations received from:
Name |
Details |
Date of Representation |
Police |
Representation objecting to the Application on the grounds of ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance’. |
19 April 2017 |
Public Protection |
Representation in respect of the Licensing Objection ‘The Prevention of Public Nuisance’. |
21 April 2017 |
Member of the Public |
Representation objecting to the application on the grounds of ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance’. |
18 April 2017 |
Oral Representations received from:
Name |
Details |
Applicants Solicitor |
The Applicants Solicitor outlined the application and responded to Members questions. |
Police |
The Police outlined their representation and responded to Members questions. |
Public Protection |
The Public Protection Officer outlined their representation and responded to Members questions. |
Member of the Public |
The Member of the Public outlined their representation and responded to Members questions. |
Decision:
That the application for a Variation to a Premises Licence in respect of the Bolton Hotel, New Road, Brixham be approved as applied for subject to the following conditions:
i) the premises shall have and adhere to a Noise Management Plan. This Plan shall be agreed by Torbay Council’s Public Protection Team and shall have particular regard to regulated entertainment, dispersal of patrons and designated smoking areas; and
ii) all staff involved in the sale of alcohol after midnight shall hold a BIIAB Level 1 Award in responsible alcohol retailing, within 4 months of commencing employment. Existing staff involved in the sale of alcohol after midnight must also hold such an Award within 4 months from the date of this decision. Namely by the 18th September 2017.
Reason for Decision:
Having carefully consider the written and oral representations Members resolved to grant the application as applied for subject to the additional conditions, having been satisfied that such conditions would alleviate the concerns of the Responsible Authorities and uphold the Licensing Objectives.
In particular, Members were reassured by the representation made by the Public Protection Officer that the Applicant had worked with him to formulate extensive and enforceable conditions in order to uphold the Licensing Objective ‘The Prevention of Public Nuisance’. Whilst the Police Representatives also made reference to the improvements in the management of the premises, they opposed the granting of the application, however Members were satisfied that the conditions imposed would alleviate their concerns.
Members determination to impose the condition regarding the BIIAB Level 1 Award was following consideration of Torbay Council’s Licensing Statement of Principles, the concerns of the Police Representatives and being of the view that a reputable well run premises should seek to invest in their staff and provide reassurance to Members that the premises will be well run whilst upholding the Licensing Objectives.
Members determination to impose the condition regarding the Noise Management Plan was following consideration of the Licensing Objectives, the fact that there are residential properties in close proximity to the Premises and the concerns raised by the Responsible Authorities.
Members considered imposing a condition to supervise and limit the number of patrons using the designated smoking areas, however noted that the Licensing Authority had not received any complaints regarding the designated areas and in the absence of representations from residents in the area, Members deemed a specific condition to be unnecessary and that the Noise Management Plan should have regard to these designated areas to ensure that the Variation granted would not result in new complaints.
In concluding, Members noted that should an issue arise as a result of the granting this application then a review of the licence can be sought.
Supporting documents:
- Licensing Act 2003 – An application for a Variation to a Premises Licence in respect of Bolton Hotel, New Road, Brixham TQ5 8LT, item 45. PDF 239 KB
- 18052017 Bolton Var App 1.pdf, item 45. PDF 295 KB
- 18052017 Bolton Var App 2.pdf, item 45. PDF 460 KB
- 18052017 Bolton Var App 3.pdf, item 45. PDF 2 MB
- 18052017 Bolton Var App 4.pdf, item 45. PDF 51 KB
- 18052017 Bolton Var App 5.pdf, item 45. PDF 163 KB
- Bolton Hotel, item 45. PDF 136 KB
- Bolton Hotel Circulated at the Meeting, item 45. PDF 400 KB
Contact Governance Support
- Email: governance.support@torbay.gov.uk
- Tel: 01803 207087
- Fax: 01803 207112
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