In accordance with the Licensing Act 2003 to consider an application for a Variation to a Premises Licence in respect of Hyde Dendy, 18 Esplanade Road, Paignton, TQ4 6BD.

Members considered a report on an application for a Variation to a Premises Licencein respect of Hyde Dendy, 18 Esplanade Road, Paignton.

Written Representations received from:

Oral Representations received from:

Decision:

That the application for a Variation to a Premises Licence in respect of the Hyde Dendy, 18 Esplanade Road, Paignton, TQ4 6BD be granted as applied for, subject to the following conditions:

1)    That there shall be no under 18’s permitted on the premises after 10 pm except for staff and those staff shall be permitted up until 11 pm only.

2)    All drinks shall be served in toughened or strengthened glasses, or plastic/polycarbonate vessels, and no alcohol shall be served in glass bottles after 11 pm from which it is intended or likely that a person shall drink.

3)    The placing of refuse, such as bottles, in receptacles outside the premises must not take place between 10 pm and 9 am to prevent disturbance to nearby properties.

4)    All staff involved in the sale of alcohol after midnight at the premises shall be trained and hold, within three months of the commencement of their employment, the BIIAB Level 1 Award in Responsible Alcohol Retailing, or similar qualification.

5)    A clicker system shall be in operation at the premises to ensure number capacity of the new licensed area to that of the current licensed area is maintained.

6)    A queuing area shall be identified in the new licensed area and the current licensed area to ensure that those wishing to use the toilets do not cause an obstruction in the connecting corridor.

7)    Where the new licensed area is open for the sale of alcohol after midnight and closes after 00.30 hours there shall be a minimum of 7 SIA door supervisors employed on the premises from 22.00 hours until 30 minutes after the premises closes.  At all other times, the ratio of door stewards shall be as identified in condition 3 of Annex 3 of the current premises licence.

8)    When the new licensed area is open, the maximum capacity in that area shall not exceed 150 patrons.

9)    That there shall be a written Noise Management Plan in place, in accordance with the findings of an up-to-date Noise Consultant report, and as agreed by the Licensing Authorities Public Protection Officer.

10)That the current gate leading from the premises, exiting on to Kernou Road shall be of a more solid structure and shall be converted to the height of the pillars currently in situ.

Reasons for Decision

Having carefully considered all the written and oral representations, Members resolved to grant the application for a Variation to a Premises Licence having been satisfied that with the additional conditions, the variation applied for would not undermine the Licensing Objectives and would not cause a nuisance to nearby residents. In coming to that decision, Members were further reassured, having heard from both the Police and the Public Protection Officers that these premises were well managed and that these Officers were confident that should an issue of concern arise, the Premises Licence Holder would work with them to find a resolve.

Whilst noting the application was to increase the premises capacity by 250 patrons’, Members could not be satisfied on the evidence before them that such a number would not add to crime and disorder, especially in respect of the internal pinch point or increase levels of noise upon dispersal of such a number of patrons.  Therefore, Members sought to reduce the number permitted in the extended licensed area and put conditions in place that if complied with, would alleviate the risks associated with a pinch point from within the premises.  Should Members concern regarding increased crime and disorder and noise prove to be unfounded due to effective management, Members would welcome the submission of a further application to extend this number.

Members sought to further strengthen the measures already in place in respect of the gate on to Kernou Road, by requiring the installation of a greater physical barrier, determining that this would better deter patrons attempting to exit the premises via this gate on to Kernou Road.

In concluding, Members noted the submission of the Responsible Authorities, the responses given by the premises representative and those supporting the application and resolved that the reduction in the number of patrons in the extended licensed area and the inclusion of the additional conditions would alleviate their concerns.