Licensing Act 2003 – An application for a Transfer of the Premises Licence for Hennessey Late Lounge Bar, 2 New Road, Brixham, Devon, TQ5 8NE
- Meeting of Licensing Sub-Committee, Thursday, 24 June 2021 9.30 am (Item 10.)
- View the background to item 10.
This is an application to Transfer a Premises
Licence under the Licensing Act 2003
Minutes:
Members considered an application for a transfer of the Premises Licence for Hennessey Late Lounge Bar, 2 New Road, Brixham, TQ5 8NE.
Written Representations received from:
Name |
Details |
Date of Representation |
Police |
Representation objecting to the transfer on the grounds of ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance’. |
27 May 2021 |
Oral Representations received from:
Name |
Details |
Police |
The Police Representative presented their objection to the application and responded to Members questions. |
Applicant |
The Applicant presented their application and responded to Members questions. |
Decision:
That the application for a transfer of the Premises Licence in respect of Hennessey Late Lounge Bar, 2 New Road, Brixham be refused.
Reason for Decision:
Having carefully considered all the oral and written Representations, Members resolved unanimously to refuse the transfer of both Premises Licence to Mr Hennessey and to specify him as the Designated Premises Supervisor of those Premises in turn, as they could not be satisfied on the evidence before them, that the premises operations would be compliant with the conditions of its licence and that the Licensing Objectives would be promoted.
In coming to that decision, Members noted that Mr Hennessey had agreed for all four applications to be heard at the same time and that he did not wish to make any comment on these applications.
On hearing the submissions from the Police’s legal representative, in simply wishing Members to consider that which they had heard in respect of Mr Hennessey’s management of Hennessey Cocktails, 2 King Street, Brixham and; if Members could not be satisfied that Mr Hennessey was suitable to hold that premises licence, how could they be satisfied to grant these applications which were for later terminal hours and would naturally require firmer control.
Noting that these were separate applications and that due regard was needed to be given to each one in turn, Members determined that an outright refusal in respect of each application was both appropriate and proportionate, for the reasons given in their decision for the revocation of Premises Licence held by Mr Hennessey, in respect of Hennessey Cocktails, 2 King Street Brixham and; in the absence of any submissions by Mr Hennessey in respect of these applications to the contrary, Members found no reason to depart from their findings of Mr Hennessey’s inability, unsuitability and apparent unwillingness to operate a licensed premises in a responsible manner.
Supporting documents:
- Appendix 1-3, item 10. PDF 193 KB
- Appendix 4-5, item 10. PDF 89 KB
- appendix 6-7, item 10. PDF 88 KB
- appendix 8, item 10. PDF 40 KB
- Appendix 2 Word Version, item 10. PDF 451 KB
- Bar policies, item 10. PDF 86 KB
- Licensing Act 2003 – An application for a Transfer of the Premises Licence for Hennessey Late Lounge Bar, 2 New Road, Brixham, Devon, TQ5 8NE, item 10. PDF 351 KB
- 2021 06 24 Transfer Hennessey's Lounge Bar App 1.PDF, item 10. PDF 318 KB
- additional policies and procedures, item 10. PDF 40 KB
- Door Steward Policies, item 10. PDF 77 KB
- Hennessey Premises Concerns 070621_Redacted, item 10. PDF 100 KB
Contact Governance Support
- Email: governance.support@torbay.gov.uk
- Tel: 01803 207087
- Fax: 01803 207112
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