Agenda item

Licensing Act 2003 – An application for a Premises Licence in respect of Pasty ‘n’ More, 11 Victoria Parade, Torquay TQ1 2BB

To consider an application for a Premises Licence in respect of Pasty ‘n’ More, 11 Victoria Parade, Torquay.

Minutes:

Members considered a report on an application for a Premises Licence in respect of Pasty ‘n’ More, 11 Victoria Parade, Torquay.  The Premises are situation within the Cumulative Impact Area.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Representation objecting to the application on the grounds ‘The Prevention of Crime and Disorder’ and ‘The Prevention of Public Nuisance’.

6 March 2013

Public Protection

Representation objecting to the application on the ground of ‘The Prevention of Public Nuisance’.

19 February 2013

Police

A google map with the Licensed Premises located around the Harbourside and their closing times listed.

Circulated on 26 March 2013

 

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 30 minutes for oral representations.

 

Oral Representations received from:

 

Name

Details

Applicants Legal Representative

The Applicants Legal Representative outlined the application and responded to Members questions. The Applicants Legal Representative circulated a copy of his oral representation which included an undertaking made by the applicants.

Police Legal Representative

The Police Legal Representative indicated that the Police were no longer objecting to the application being granted and proceeded to outline their representations regarding the application and responded to Members questions.

Public Protection

The Senior Environmental Health Officer outlined his objection to the application and responded to Members questions.

 

Decision:

 

That the application for a Premises Licence in respect of Pasty ‘n’ More, 11 Victoria Parade, Torquay be granted as applied for in accordance with the Operating Schedule subject to the following:

 

i)       that the terminal hour of the licence be 0430 Monday to Sunday; and

 

ii)      that in relation to SIA door supervision the following condition be added:

 

“There shall be a minimum of one SIA door supervisor on duty at the premises whenever the premises are open beyond 0100, who shall remain on duty until 30 minutes after the premises have closed and whilst on duty shall wear a hi-visibility top in order to distinguish them from Members of the Public”. 

 

Reason for Decision:

 

The Sub-Committee carefully considered all the written and oral representations.  The Sub-Committee had regard to the Council’s Licensing Policy and noted that the application premises were within the area to which the Special Saturation Policy applies.  However, as there was no proposal for alcohol to be sold at these premises the Special Saturation Policy does not apply and so there is no rebuttable position that this application should normally be refused on the basis that these premises would add to the problems of crime and disorder and public nuisance in the area.

 

Nevertheless, in light of the relevant representations made, the Sub-Committee, in accordance with the Council’s Licensing Policy, have carefully considered the adequacy of measures proposed by the Applicant to prevent crime and disorder and prevent public nuisance. 

 

The Sub-Committee find that granting the licence on this basis and with the added conditions will address the problems identified by the responsible authorities and will serve to promote the Licensing Objectives.

 

Finally, whilst not being part of their decision or reasons, the Sub-Committee wish to have it recorded that they note the Applicant’s Undertaking to the Sub-Committee and the Responsible Authorities as set out in Summary of Oral Submissions provided by the Applicant’s Legal Representative.

Supporting documents: