Issue - items at meetings - Licensing Act 2003 – An application for a Review of a Premises Licence for Jolly Judge, 168-170 Union Street, Torquay TQ2 5QP

Licensing Act 2003 – An application for a Review of a Premises Licence for Jolly Judge, 168-170 Union Street, Torquay TQ2 5QP

Meeting: 07/02/2019 - Statutory Licensing Sub-Committee (Item 42)

42 Licensing Act 2003 – An application for a Review of a Premises Licence for Jolly Judge, 168-170 Union Street, Torquay TQ2 5QP PDF 214 KB

To consider an application for a Review of a Premises Licence in respect for Jolly Judge, 168-170 Union Street, Torquay.

Additional documents:

Minutes:

Members considered a report on an application for a review of a Premises Licence in respect of Jolly Judge, 168-170 Union Street, Torquay. The Premises do fall within the Cumulative Impact Area.

Written Representations received from:

Name	Details	Date of Representation
Police	Application for a Review of a Premises Licence in respect of Jolly Judge, 168-170 Union Street, Torquay.	Dated 14 December 2018
Premises Licence Holder	Representation providing information in respect of the Review of the Premises Licence.	11 January 2019
Wollen Mitchelmore Solicitors	Representation providing information in respect of the Review of the Premises Licence.	10 January 2019
Police	Emails providing additional information in support of the application for Review of the Premises Licence.	29 January 2019
Police	Additional information in support of the application for Review of the Premises Licence.	31 January 2019

Additional Information:

The Chairman permitted an extension of time for oral representations and advised that each party would be permitted 20 minutes for their representations. All parties present confirmed 20 minutes would be sufficient time to submit their oral representations.

Oral Representations received from:

Name	Details
Applicant (Police)	The Applicant outlined their application for the Review of the Premises Licence.
Respondent	The Respondent outlined their response to the application for the Review of the Premises Licence and responded to Members questions

Decision

That the Premises Licence in respect of Jolly Judge, 168-170 Union Street, Torquay be revoked.

Reasons for Decision

Having carefully considered all the written and oral Representations, Members unanimously resolved to revoke the Premises Licence having heard the Premises Licence Holder, Mr McCabe’s oral submissions which sought to abdicate himself of any responsibility in respect of the numerous incidents of crime and disorder at the premises. Mr McCabe’s lack of recognition for his poor decision making with regards to those he leased the premises to and his concerning carefree appointment of a suitable Designated Premises Supervisor (DPS), demonstrated he was wilfully negligent in his responsibilities as a Premises Licence Holder.

Throughout Mr McCabe’s oral representation, it was clear that he believed it was for the Responsible Authorities to advise him of issues arising in his premises rather than for him to have made himself aware, taken measurable steps to ensure these incidents did not occur or reoccur, thus ensuring that the Licensing Objectives were promoted. Mr McCabe’s admission that prior to November 2018 he would only visit the premises for an hour, once a month, demonstrated his lack of proactive approach to managing the premises or performance managing those he entrusted with operating his premises. This management style fell well below the standards reasonably expected by Members of a Premises Licence Holder operating a Licence within the Licensing Authority’s Cumulative Impact Area (CIA) which is an area identified as having higher incidents of crime and disorder and having been previously advised in writing that his premises were now ‘Targeted Premises’ by the Police, he failed to put in place measurable ways to address the concerns raised with him.

It was of great ... view the full minutes text for item 42