Agenda item

3.1  Introductions

The Chairman introduced the Members of the Sub Committee, Legal Adviser,

Licensing Officer, Democratic Services Officer and explained their respective

roles.

The Chairman 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.

3.2 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.

3.3 The Council’s Licensing Manager’s Report

The Sub-Committee considered a new premises licence for Biggles Bar, 27 Station Road, Teignmouth. Details of the licence are set out in the report circulated with the agenda and is for the provision of live and recorded music, performance of dance, and the supply of alcohol. 

The Licensing Manager advised that planning permission would be required to run the premises as a licensed premises because the historic use was a social club which was a different planning Use Class. The Licensing Manager also reported on the history of the premises formerly known as the Roundel Club a Royal Air Force Association Social Club. The licence had been held by the Royal Air Force Association until it was passed to tenants. The applicants took on the premises from the previous tenants and have submitted one TEN following the Police Licensing Officer advising the applicants and the Licensing Authority in November 2018, that the premises was not being run in accordance with the RAFA Social Club rules relevant to the premises, but as a bar. The applicants had also surrendered the club premises certificate at that time. The applicants were then advised to apply for a new premise licence.

3.4 Address by Interested Parties

3.4.1 Devon and Cornwall Police constabulary

The Police Licensing Officer, Mr Norsworthy, referred to the Devon and Cornwall Police Constabulary’s statement dated 15 February 2019, in relation to the premises. This submission listed police log statements of incidents involving both applicants from 31 July 2018, and which involved both police and ambulance attendance, and considerable time of these resources. The submission also reported Mr Norsworthy’s visit to the premises on the 12 November 2018, when he discussed the running of the premises with the applicants. Mr Norsworthy submitted that Ms Slater was intoxicated with alcohol during his attendance at the premises, during which she stated that she could not cope with the stress and needed a drink. Mr Norsworthy also reported on the incidents detailed in the police submission during the period from 31 July 2018 to 20 December 2018. These provided evidence of Ms Slater’s dependency on alcohol, and tensions between the applicants. Mr Norsworthy submitted that it was clearly evidenced that Ms Slater has an unhealthy relationship with alcohol consumption and that this has been impacted by the stress of trying to run the business. He considered that Ms Slater is not suitable to be the DPS or hold the premises licence because she would be unable to ensure that the licensing objectives are met. Mr Norsworthy added that consequently, the police do not consider it appropriate to grant a licence to either of the applicants because in his opinion, Mr Tickell would also have difficulty in ensuring the licensing objectives are met with Ms Slater being on the premises and the issues around her unhealthy relationship with alcohol, and the demands of the business.  However, should the Sub-Committee be minded to grant this application to Mr Tickell, the Police requested that the DPS should not be Ms Slater. The Police also requested two additional recommendations being imposed relating to CCTV, and Challenge 25 in relation to the licensing objectives, the prevention of crime and disorder and the protection of children from harm. Details of these conditions were circulated.

3.4.2   Applicants

The applicants were also in attendance at the meeting. We heard from Mr Tickell that he took on the lease for the club premises with his father in April 2018. There was no requirement for a DPS under the Club membership rules provided they operated in accordance with the club rules. He took on the position of Chairman, Ms Slater as Secretary and his mother as Treasurer. The branch of the Association closed in November 2018 so the premises could no longer be run as a club. He has undertaken the training to hold a personal licence and he has resigned from his long standing full time employment to enable him to be available to work at the premises 24 hours, 7 days a week. The problems arose for Ms Slater with his expectations that she could manage the premises. There was no need for the situation to arise again because he would be present at the premises and the pressure would no longer be there. They would be happy to implement the additional controls requested of the Police Licensing Officer. 

3.4.3  Questions

In response to questions from the Sub Committee, Mr Tickell advised that the incidences with Ms Slater over the past months did not reflect her normal disposition, he could take on the DPS role and not Ms Slater; there would be no requirement for her to be in the licenced area; and there were seven letting rooms run as a bed and breakfast which Ms Slater managed. The Police Licensing Officer asked Mr Tickell further questions about the running of the premises as a Club under the RAF Association rules which Mr Tickell was unable to fully answer.

3.4.4  Summaries

The Police Licensing Officer reiterated that the applicants had not run the premises in accordance with the Club rules specific to the premises, at the time they took on the lease. He submitted that the applicants should not be granted a licence to enable them indefinite selling of alcohol.

Mr Tickell added that he would like to be considered as the sole licence holder, should the Sub Committee consider Ms Slater unsuitable to hold a licence.

3.5  Decision

“We have very carefully read and considered all the written and oral evidence and submissions from all the parties.

On the evidence we have read and heard, in particularly from the Police Licensing Officer, we are not satisfied on the balance of probability that, in all circumstances the licensing objectives of: prevention of crime and disorder; public safety; protection of children from harm; and prevention of public nuisance, will be satisfactorily promoted, and we do not consider that it is possible to impose appropriate conditions to address this. In the circumstances, we are therefore refusing the application as detailed in the report.” 

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 premises 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 premises, the Council’s Environmental and Safety Department has powers under the Environmental Protection Act 1990 to take action against statutory noise nuisances.

CLLR EDWARD HOCKIN

Chairman