To consider a report on an application for a Variation to a Premises Licence in respect of Park Lane, 1 Torwood Street, Torquay.

Members considered a report on an application for a Variation to a Premises Licence in respect of Park Lane, 1 Torwood Street, Torquay.  The Premises do fall within the Cumulative Impact Area.

Written Representations received from:

Additional Information:

A request from the Police had been received for an extension of time for oral representations.  The Chairman agreed to the request and permitted all parties 15 minutes for oral representations.

Oral Representations received from:

Decision:

That the application for a Variation to a Premises Licence in respect of Park Lane, Torwood Street, Torquay be granted as applied for subject to the following:-

i)       the Applicant’s proposed additional condition 1 under the heading The Prevention of Crime and Disorder within his application be amended to read:-

“In relation to the consumption of food and drink (alcoholic or non-alcoholic) on the ground floor terrace, there shall be no consumption after 2 a.m. on Friday and Saturday and after midnight from Sunday to Thursday.”;

ii)      that the existing conditions on the licence be amended as proposed by the Police and agreed by the Applicant as set out in paragraphs 1) and 3) of the letter from the Police dated 26 March 2013;

iii)     that the conditions proposed by the Senior Environmental Health Officer in his Memorandum dated 12 February 2013 (except for the condition relating to smoking in the external areas) and agreed by the Applicant be added to the licence; and

iv)     with regard to the area having the benefit of the Pavement Café Permit granted by Torbay Council the Sub-Committee impose a further condition:

“The consumption of alcohol shall cease in the Pavement Café area at 10 p.m.”

Reasons for Decision

The Sub-Committee carefully considered all the written and oral representations made.  They had regard to the Council’s Licensing Policy and noted that the application premises were within the area to which the Council’s Special Saturation Policy applied.  Therefore, as two Responsible Authorities had made relevant representations, there was a rebuttable presumption, in relation to this variation application, that it would normally be refused on the basis that to grant would add to the problems of public nuisance in the area.  However, the presumption can be rebutted if the applicant can demonstrate that there will be no negative cumulative impact on the Licensing Objective the Prevention of Public Nuisance.

The Sub-Committee considered the views of the Police and Public Protection and had regard to the representation from the Applicant on how to manage the problems identified.  The Sub-Committee feel that the conditions being imposed will ensure the Licensing Objectives are not undermined particularly in relation to ‘The Prevention of Public Nuisance’.