Agenda item

5.1   Introductions

 

The Chairman introduced the Members of the Sub Committee, Legal Adviser, Licensing Manager and Democratic Services Officers.

 

The Chair advised that the Sub Committee would take into account the merits of the application against the four licensing objectives: the prevention of crime and disorder, public safety, prevention of public nuisance and the protection of children from harm, in addition to the Home Office Guidance and the Council’s Licensing Policy.

 

5.2 Procedure to be Followed

 

The Legal Adviser referred to the procedure to be followed for the Hearing and those present wishing to make verbal submissions. There had been no requests from any other party to speak at the hearing. The procedure was as previously circulated to all interested parties with the Notice of Hearing. All parties had been sent an agenda.

 

5.3 The Council’s Licensing Officer’s Report

 

The application is for a Premises Licence to be granted under the Licensing Act 2003 is to allow regulated entertainment (Films, Indoor Sporting Events, Live and Recorded Music, Performance of Dance), Late Night Refreshment and Supply of Alcohol 

 

The operating schedule shows:-

 

Hours Premises Open to the Public:

Monday to Sunday                                      0600hrs to 0100hrs

24 hours for hotel residents

 

Relevant licensable activities:

·         Provision of regulated entertainment: Films, Indoor Sporting Events, Live and Recorded Music, Performance of Dance

·         Provision of late night refreshment

·         Supply of alcohol.

 

Hours of licensable activities:

Films (Indoors)                                             Monday to Sunday  10am to half past Midnight

Indoor Sporting Events                               Monday to Sunday  10am to half past Midnight

Live Music (Indoors)                                    Monday to Sunday  10am to half past Midnight

Recorded Music (Indoors)                          Monday to Sunday  10am to half past Midnight

Performance of Dance (Indoors)              Monday to Sunday  10am to half past Midnight            

Late Night Refreshment                 Monday to Sunday  11pm to half past Midnight

(Indoors and Outdoors)

Supply of Alcohol                            Monday to Sunday 10am to half past Midnight

(On and Off the premises) 

 

Seasonal variation on all licensable activities

New Years Eve/Day                                    10am to half past Midnight on 2 January

 

The Applicant and the Applicant’s representative was present at the hearing.

 

The Council had received two representations of objection on the grounds of Public Nuisance.  One objector, the Council`s Environmental Health officer, was present at the Hearing.

 

5.4       Address by interested parties

 

5.4.1   Objectors

 

We heard from the Environmental Health Officer who had submitted objections on the grounds of Public Nuisance, specifically noise nuisance to the surrounding residential area and wanting clarification on how often events would be held however, discussions before the meeting had served to remove these concerns. The Environmental Health Officer stated that it had been agreed that live music would be limited to 15 events per calendar year and it was proposed that this be added as a condition or that a TENS should be applied for. The Environmental Health Officer also stated that the wording of the application in regards to the supply and consumption of alcohol in hotel rooms was not sufficiently clear and so a condition could be applied to ensure compliance.

 

5.4.2 Applicant

 

We then heard from the applicant’s representative, who submitted that the hotel’s reputation is paramount due to Premier Inn’s ‘Good Night Guarantee’ and it is not in their interest to cause noise as this would then impact on their own business. The Applicant’s representative highlighted the plan of the premises and explained that although there are residential buildings near the proposed site, it was a mixed use area and there were already plenty of licensed premises with later opening hours operating.

 

The Applicant’s representative stated that the chain is not a discount retailer and the request for the off sales of alcohol is as any normal hotel would request and gives them the flexibility to operate and would be for residents only. The reception is also always supervised and only guests are able to enter the hotel after 11pm. Regulated entertainment is not a main part of their business and they were happy for a condition to limit the occasions as agreed with the Environmental Health Officer to be included.

 

The members of the committee did not feel that they needed to ask any further questions of the applicant.

 

 

5.5 Summaries

 

The applicant summarised their points.

 

The committee adjourned to debate the decision. On reconvening the Chair announced the decision.

 

5.6 Decision

 

“We have carefully considered all the written material and also the oral submissions on behalf of the applicant, and objectors. 

 

The Sub Committee resolved that the application for a New Premises Licence in respect of the Beefeater and Premier Inn, Teignmouth be granted as set out in the report subject to the conditions agreed by the applicant and the Environmental Health Officer and that the off-sales of alcohol be limited to residents only for consumption in their rooms.

 

 

The reasons:

 

The Sub Committee are satisfied from the information presented that Whitbread Group Plc are an experienced and reputable company and that their method of operation is such that the Licensing Objectives will be upheld.

 

The Sub Committee, whilst understanding the concerns expressed by the local residents, do not consider that they are supported by fact but are based only on speculation as the premises have not yet been built.

 

The Sub Committee considered the fact that applicant company Whitbread offer their residents of Premier Inns, a “good night guarantee”, which allows for a customer to be refunded the cost of their accommodation if their night is disturbed. Therefore the Sub Committee believe that the applicant’s paramount concern is to avoid any public nuisance which could impact on this guarantee.

 

The Sub Committee gave particular weight to theApplicants Representative’s submission which stated that the operators are experienced in the running of family friendly licensed premises and have robust systems in place to ensure that their premises are run in accordance with the law and to ensure the avoidance of the commission of regulatory offences particularly in relation to public nuisance and crime and disorder.

 

Consideration was given to the Environmental Health Officer’s concern in respect of the frequency of live music events, however after hearing that the style of business is that of a family friendly hotel the committee are satisfied to allow the application as applied for in relation to live music.

 

 

Rights of Appeal

 

This decision does not take effect until the period for making an appeal has expired, or if an appeal is made, until that appeal has been determined.  An appeal may be made by the applicant for the review, the licence holder or any person who made relevant representations in relation to the application. 

 

If you wish to appeal you must give notice of appeal to the Clerk to the Justices at the South Devon Magistrates’ Court, 1^st Floor, Riviera House, Nicholson Road, Torquay TQ2 7TT, within the period of 21 days beginning with the day on which you were notified of the decision.

Should there be problems associated with the event the Council’s Environmental and Safety Department has powers under the Environmental Protection Act 1990 to take action against statutory noise nuisances.