Oh! the irony as Torbay cafe bar fights for licence in music noise row

I wouldn’t want to run a hotel, restaurant, pub, club or cafe for all the tea in China at the moment.
Running any small business, especially in the tourism and hospitality and food and drink sectors, must be an absolute nightmare.
VAT, business rates, wage levels, National Insurance contributions, food and energy costs — they are all in danger of bringing any business to its knees.
Now we have the threat of a tourism tax looming to add another nail to the coffin for many people who must be wondering what the government is playing at as they seem determined to wipe out small business which is the lifeblood and commercial and community heart of the UK — and a place like Torbay.
The number of pubs and other cafes etc now in darkness in the Bay is of great concern. At this moment in time these businesses need all the help they can get to survive, let alone thrive.
Molly’s over at Paignton harbour must feel the whole world is against them — including their neighbours — as they fight for survival and make a go of their business.
Along with the likes of the Harbour Light pub and restaurant, Molly’s have transformed their now vibrant corner of the harbour thanks to the previous owners and now Lee Tyrrell, who took over around a year ago.
But the cafe/bar is on the agenda of Torbay’s licensing committee today (Thursday February 19) as it faces a fight to keep its music licence following complaints from neighbours about noise.
One said they often leave their home when entertainment is on at Molly’s just to escape, while another said they would not be able to read a book or watch TV because the noise was so loud.
Supporters, however, have rallied round to support the venue, with one saying: “Come on, Paignton, we can do better than bow to one joyless person.”
Musicians playing at the venue say they always finish by 9pm and other neighbours say the volume of the music is never a problem and events always finish on time.

Locals at Molly's have raised thousands for charity

Molly’s owner Lee fears the writing may be on the wall: “I fear I am going to lose because of the officer’s reports, which are quite damaging.”
He has written to the licensing committee and says: “Please help us continue with our live music events.
“Molly’s have been holding live music events for the past five years, helping the harbour transform to be once again a jewel of the bay during some difficult times for all.
“We hold our events between Easter and the end of December, around one to three times a week on average. The set times are either 2.30pm till 6pm or 6.30pm till 9.10pm, although we are licensed till 9.30pm.
“Our client demographic are mainly in the bracket of 40 to 70 years old, though our environment being so safe can encourage families of several generations. We have a WhatsApp group with the complaining Harbour Court residents which we set up, to give them notice and invitations to our events. This chat is handy as it is a tool to which the residents are able to inform us of any issues, for example asking us to turn things down, to which we always oblige.
“Losing the permission of live music will not only affect the loss of staff employment, but would jeopardise the future of Molly’s at this already difficult time for the hospitality Industry.”
Lee told me his overheads have risen by 12 per cent and he insists: “I am doing nothing different to what the previous owners did. All these music acts were booked by them and were part of the sale agreement. We agreed we would continue with the acts.
“Residents have good notice of what we are doing. It’s not like a firework going off. We invite them to join us. They say the noise is loud and we turn it down. They have not complained in the last five years.”
Last summer he was considering applying for an 11pm music licence but never went ahead with it. He believes the residents still think he will go for an extension and that is partly why they are now complaining.
He says they are willing to stick by a number of conditions, including enforcing noise limits and making sure loudspeakers point out towards the harbour.
“My solicitor says we need to look for a compromise,” says Lee. “I have had a noise engineer come around. I have some things to do with speakers and a noise meter.”
Torbay Council’s licensing committee is meeting to review the venue’s licence.
A report says the council has received four noise complaints from people living nearby.
Council officers have assessed the noise and advised the licence holder but, the report says, “the nuisance has continued”. The first noise complaint was received by the council in August last year, then two more complaints were received in November and December.
A licensing officer carried out tests in December and found: “The noise level observed in the surrounding areas was such that it would, in my opinion, constitute a public nuisance.”
The licensee agreed to reduce the volume, but the officer said tests three days later showed: “There appeared to be no improvement in the situation, and the volume seemed no lower than it did when I visited last time.”
After a complainant sent video of a music event that went on beyond 10pm, an abatement notice was served. More complaints two days later led the council to notify the licensee that the licence could be reviewed, and there was another complaint when an ABBA tribute band appeared there that night.
But one supporter wrote to the council saying: “Molly’s is not a rowdy venue, nor is it a place where disorderly behaviour occurs. It is a valued local live-music venue that is well-supported by the community.”
Another said: “It is an amazing local venue that should be celebrated by all.”
There is an ironic twist in all this…
The officer report to licensing says: “The venue itself offers very little in the way of acoustic absorption and is unsuitable for live and recorded music because of this. In essence, the structure may be characterised as an outdoor venue due to the absence of a permanent roof.”
It goes on to say that because Molly’s is an outdoor venue with no permanent roof, it is unsuitable for live and recorded music.
Here’s the ironic bit - Molly’s has grown from being a small tea and seafood stall into a busy cafe/bar with decking and a temporary roof. An application to create a permanent roof structure was refused by the council in 2023!
Lee has plans to spend £120,000 on a canopy and a toilet. He says: “The canopy would reduce the noise. It will definitely help.”
The only thing standing in his way are the planners and conservation issues. Perhaps Lee should have been better in responding to the council and those complaints and the wellbeing of residents is hugely important. But please let’s see some compromise here before we see another business go under — and if we could throw in a sound-soaking canopy at the same time that may keep everybody happy.