To elect a Chairman/woman for the meeting.

Councillor Addis was elected as Chairman for the meeting.

To consider Report 97/2011 on an application for Review in respect of Tor Abbey Inn, 80 Belgrave Road, Torquay.

Members considered Report 97/2011 on an application for a Review of a Premises Licence in respect of Tor Abbey Inn, 80 Belgrave Road, Torquay.

Written representations received from:

Oral representations received from:

Additional Information:

The Respondents Solicitor welcomed the suggestion that the Police Licensing Officer and Designated Premises Supervisor meet regularly to discuss how to promote the Licensing Objectives.

Decision:

Having carefully considered all the written and oral representations Members resolved to modify the conditions of the Licence as follows:

i)                    the terminal hours for the sale of alcohol be 11 pm Sunday to Thursday and 11:30 pm Friday to Saturday without exception.  The premises shall close one hour later, without exception;

ii)                  The performance of live music and playing of recorded music will cease at 11 pm apart from Sundays, when it shall remain at 10:30 pm;

iii)        The Designated Premises Supervisor must undertake the following           courses as soon as possible, but within no longer than 28 days:-

a.      the BIIAB Level 2 National Certificate for Designated Premises Supervisors, and

b.      the BIIAB Level 2 Award in Conflict Management

iv)                A meeting between the Police Licensing Officer and Designated Premises Supervisor will take place within 14 days of completion of the above courses to discuss how the Designated Premises Supervisor is going to promote the Licensing Objectives.

Reason for decision:

We have taken note of the agreement reached between the parties to modify the conditions in order to promote the Licensing Objectives and we agree to modify the conditions as agreed as we believe this will promote the Licensing Objectives and alleviate the concerns of the Police.

We note the acceptance of the Designated Premises Supervisor’s Solicitors that the Police will have the right to rely on the evidence supporting this Review in any future Review relating to these premises.

To consider Report 98/2011 on an application for a Review of a Premises Licence in respect of Old Brewery, 17 Lower Ellacombe Church Road, Torquay.

Members considered Report 98/2011 on an application for a Review of a Premises Licence in respect of the Old Brewery, 17 Lower Ellacombe Church Road, Torquay.

Written representations received from:

Additional Information:

Prior to the Sub-Committee, the Applicant requested 1 hour to present their application for Review.  The Sub-Committee agreed to this extension of time at the hearing and informed the Respondent and Interested Parties that they too would be entitled to 1 hour when making their oral representation.

Written representations:

Respondent’s response to representations:

With the agreement of all parties present, the Respondent circulated a poster advising patrons to ‘keep the noise down when smoking and using the patio area’.

Decision:

That the Premises Licence be revoked in respect of the Old Brewery, Lower Ellacombe Church Road, Torquay.

Reason for decision:

Having carefully considered all the written and oral Representations and answers to questions put by the Members, they resolved that this decision was proportionate and necessary for the following reasons:

Members were seriously concerned at the impact on the Licensing Objectives and on the complainant and her families’ quality of life by Mr Martin’s continued and apparent unwillingness or inability to manage his Premises. These concerns are reinforced by the evidence provided by Torbay Council’s Senior Environmental Health and Licensing Officers and the Police.

Members are satisfied by the evidence before them that Mr Martin had been given extensive advice and guidance by Officer’s of the Council and the Police in an attempt to assist Mr Martin to manage his Premises in an effective manner to promote the Licensing Objectives, to not carry out regulated entertainment for which his current Premises Licence does not permit and to alleviate the negative impact the running of his Premises is having on the quality of the life of the complainants.  ...  view the full minutes text for item 707.

To consider Report 99/2011 on an application for a variation to a Premises Licence in respect of Hooks Bar & Grill, 43 Torwood Street, Torquay.

Members considered Report 99/2011 on a Variation to the Premises Licence for Hooks Bar & Grill, 43 Torwood Street, Torquay.

Written representations received from:

Oral representations received from:

Decision:

That the application for a variation to the Premises Licence for Hooks Bar & Grill, 43 Torwood Street, Torquay be granted as applied for, subject to the conditions and amended condition proposed by the Senior Environmental Health Officer and agreed by the Applicant which reads as follows:

On calling last orders and at the end of Regulated Entertainment, an announcement will be made requesting patrons to leave the area as quickly and quietly as possible.

Reason for decision:

Having carefully considered all of the written and oral Representations, Members resolved to grant the licence subject to the conditions agreed, as they were satisfied that this would seek to promote the Licensing Objectives and it would not add to Crime and Disorder and/or Public Nuisance.

To consider Report 100/2011 on an application for a variation to a Premises Licence in respect of Coyote Café Bar, 3-5 Union Street, Torquay.

Upon receiving information from the Senior Licensing Officer and advice from the Legal Advisor to the Sub-Committee, Members agreed to defer consideration of the application for a Variation to the Premises Licence for Coyote Café Bar, 3-5 Union Street, Torquay until the 16 June 2011.

To consider Report 101/2011 on an application for a variation to a Premises Licence in respect of Mambo, 7 The Strand, Torquay

Members considered Report 101/2011 on an application for a Variation to a Premises Licence in respect of Mambo, 7 The Strand, Torquay.

Written representations received from:

Oral representations received from:

Decision:

That the application for a Variation to the Premises Licence for Mambo, 7 The Strand, Torquay be granted as applied for, subject to the additional condition which reads as follows:

Access to and use of the 3^rd Floor balcony after 1 a.m. and until 2 a.m. shall be as a designated smoking area only for no more than 20 persons with an SIA Door Steward in attendance, and no drinks shall be permitted in this area after 1 a.m.

Reason for Decision:

Having carefully considered all of the written and oral Representations, Members resolved to grant the application subject to the additional condition as they are satisfied that this would seek to promote the Licensing Objectives, and it would not add to Crime and Disorder and/or Public Nuisance.