To consider an application for a Premises Licence – Minerva Hotel, 3 Adelphi Road, Paignton TQ4 6AW.

Members were informed that the Applicant had not returned their Notice and was not in attendance.  However, the Owner and the General Manager of the Minerva Hotel were present.

Following enquiries with Officers of the Licensing Department which resulted in confirmation that they have no record of dealing with these individuals in the course of this application, the Legal Officer advised that this matter should not proceed in the absence of or written indication from the Applicant that those present be permitted to act on his behalf.

Following discussions, it was agreed to put the matter  back until 11.15am for either the named Applicant to attend or written and signed permission by the Applicant for the Owner and/or General Manager to present the application on his behalf. The Owner of the Premises was advised by the Legal Officer that if neither of these proposals could be obtained, then the matter would be rescheduled to the next available Licensing Sub- Committee which would be on the 8^th November 2012.

Following the arrival of the Applicant, Members considered a report on an application for a Premises Licence in respect of Minerva Hotel, 3 Adelphi Road, Paignton TQ4 6AW.

Written Representations received from:

The Licensing Sub-Committee noted that some Notices had not been returned by Members of the Public who knew the Meeting was taking place.  Members agreed it was in the public interest to continue with the meeting.

A plan was circulated to Members with the Chairman’s approval, which had been omitted from the submitted report at Appendix 2 – Plan of Premises along with a Google Map of the premises location for Members information.

Oral Representations received from:

Applicant’s response to Representations

The Steak House is to be a fine dining family restaurant for up to 30 patrons and residents of the Hotel and would not be open to members of the public who only wanted a drink

Decision

That the application for a Premises Licence in respect of Minerva Hotel, 3 Adelphi Road, Paignton TQ4 6AW be granted from 6pm to 11pm Monday to Saturday and 6pm to 10pm Sunday, subject to the following conditions which are in addition to those proposed by the Applicant in their Operating Schedule:

1)            Service of alcohol shall be by Waiter/Waitress service only and patrons shall be seated;

2)            Alcohol may only be purchased for consumption on the premises when ordering a table meal;

3)            No drinks shall be taken or consumed in the outside area of the premises;

4)            No more than 6 people shall be permitted to smoke in the designated smoking area after 9pm;

5)            The designated smoking area shall be monitored by staff to ensure that patrons do not unreasonably disturb nearby residents;

6)            No bottles to be emptied into bins which are situated outside between the hours of 8pm and 8am;

7)            Patrons of the premises shall be reminded by staff to leave in a quiet and orderly manner so as not to unreasonably disturb nearby residents.           

Reason for Decision

Having carefully considered all the oral and written Representations, Members resolved to grant the Licence subject to the conditions outlined in their decision.

In doing so, Members were satisfied that these conditions would seek to address the concerns raised in the Representations put forward by both the Interested Parties and the Responsible Authority   In addition, Members had regard to the Council’s Licensing Statement of Principles 2011 Policy and saw no reason to depart from its recommendation which sought to restrict licensable activities taking place within premises that are in close proximity to residential properties after 11pm.