This is an application to Transfer a Premises Licence and an application to vary the Designated Premises Supervisor under the Licensing Act 2003.

Members considered a report on an application for a Transfer of the Premises Licence and to vary the Designated Premises Supervisor for Jackz Bar, Parkham Road, Brixham, TB5 9BU.

Written Representations received from:

Additional Information:

Following a request from the Police, the Chairman agreed to extend the normal time allowed for oral representations from 10 minutes to 20 minutes for all interested parties.

Oral Representations received from:

Decision:

That the application to transfer a Premises Licence and to vary the Designated Premises Supervisor in respect of Jackz Bar, Parkham Road, Brixham, be refused.

Reason for Decision:

Having carefully considered all the oral and written representations, Members resolved unanimously to refuse the application to transfer a Premises Licence and the application to vary a Designated Premises Supervisor, as they could see no reasonable justification to depart from the findings and reasons set out in the Licensing Sub-Committee decision made on 31 March 2022 and submitted to them for consideration by the Police.  Without repeating all of those reasons here, Members particularly noted that the proposed Premises Licence Holder, Mr Ralph, lacked autonomy, capacity or capability to operate these premises in a manner which ensured the Licensing Objectives would be promoted, and patrons would be kept safe and found the same, on the evidence before them, in respect of these applications.

Furthermore, given the robust management required to manage this type of premises, Members were concerned to learn that the Licensing Authority were also in receipt of an application from Mr Ralph to become the Premises Licence Holder of Hennessey’s Bar and Cocktail Lounge.  This, in Members opinion, created a conflict of capacity and capabilities to oversee and operate the premises in the manner necessary to ensure that the Licensing Objectives would be promoted and was a serious error of judgement by Mr Ralph, which reiterated to them, his lack of licensing experience, to operate what the Police have described as a high risk premises.

In addition, Mr Ralph’s confirmation that the previous Designated Premises Supervisors Ms Trust and Ms Harley would be in positions of responsibility, despite the premises being subject to Reviews whilst under their control and despite Mr Ralph’s submission to Members that he ‘would be having words’ with them, further demonstrated Mr Ralph’s inexperience and were disappointed to note that Mr Ralph’s recruitment process appeared to be as lacking as the previous Premises Licence Holder.

Members also noted that despite Mr Ralph’s submission to the contrary, the written evidence provided, showed Mr Ralph had involvement with the Premises before February 2022 and Members felt that his statements, that he was not involved, were misleading.  Finding agreement with the submission from the Police, that Mr Ralph wanted it known he was involved when there was credit to be taken but disassociated himself, when needing to take responsibility.

Members were also concerned that Mr Ralph did not know the details of the opening and operating times of the Premises Licence of Jackz Bar and Hennessey’s Bar and Cocktail Lounge and this further reiterated their lack of confidence in his ability to manage this premises and certainly both, in a manner required to promote the Licensing Objectives.

In conclusion, Members noted the Police Representation that in their view, they had exhausted all avenues to get the Premises Licence Holders and Designated Premises Supervisors of Jackz Bar to comply with their licence and that the Management had failed on all accounts.  A Representation Members took very seriously, given the Police’s experience of working with challenging premises throughout Torbay and determined, that refusing these applications were both appropriate and necessary in the circumstances before them.