Much loved Torquay pub keeps licence

But management at the Devon Dumpling needs to improve

A community pub in Torquay has been allowed to keep its licence despite two reviews in the last two years aboout noise concerns.

But licensing times will reduce and fully audible CCTV and a noise limiting device will have to be installed at the Devon Dumpling in Shiphay.

Staff will also have to go through a training programme to ensure the pub is being managed satisfactorily and employees are fully aware of the licensing regulations.

During a five-hour review at the Town Hall, Torbay Council’s licensing sub-committee was shown two videos from complainants revealing loud singing and noise coming from the pub and people being rowdy outside the front of the premises after 11pm.

The videos were taken inside neighbouring properties with the windows closed.

Colin Wood, a local resident, said the noise was "raucous" and so bad that it stopped him from sleeping.

He said after the first review things improved but had got worst again and the pub appeared to be “unsupervised”

The council received complaints from three people on 10 separate occasions in a year.

Torbay Council, which applied for the latest licence review, also said a smoking area at the pub known as ‘the cage’ didn't comply with smoke-free regulations because it doesn’t have a roof that was at least 50 per cent open.

Licensing officer Julie Smart said she had gone out of her way to help the owners comply with the regulations.

She said she had visited the premises three times, sent six letters and emails to owner and licensee Matthew Lyon and two to his father and joint licensee Raymond Lyon, and sent a quick guide to smoke-free spaces on three occasions, but had very little response.

She said during a visit she made to the pub in November last year, it appeared that six conditions added to the licence in 2023 were not being complied with, including outside areas being used which should not have been and windows  left open.

She told the licensing committee it is disappointing that they didn't address matters at an early stage, and recent action to improve the situation had only come about because of the review application.

Cllr Ras Virdee (Lib Dem, St Marychurch) told Matthew Lyon there appeared to be “a laxness on your part to run your business”.

Mr Lyon said he had removed parts of the roof of ‘the cage’ but it had been hard to make the cob wall and perspex building compliant.

He said ‘the cage’ situation snowballed and he admitted handling it badly.

He apologised for the “noisy nights” which he said were “shocking”.

On the whole he said they ran “a good ship” and he, his manager and team were “working really hard” to make it better for residents.

“We are taking it seriously,” he said

He also said his lack of response to the licensing officer had been poor and told the committee “it won’t happen again”

The owner will erect a new smoking area in the garden and will no longer use ‘the cage’ for this purpose.

Cll Darren Cowell (Ind), one of seven speakers at the hearing, and who represents the Shiphay ward, said he was a customer at the pub most evenings and he had not witnessed situations like the “unacceptable” ones in the videos.

He said there had been no police representation and no one had raised issues with him as a local councillor.

He told the committee the Devon Dumpling is a community pub that supported local events and had raised hundreds of pounds for mental health charities after a staff member and customer took their own lives.

Almost 5,000 people signed a petition supporting the licensees after concerns that the pub’s licence might be revoked.

Neighbour Lesley McDowell said she isn't very tolerant of noise but "could count on two hands" the amount of times she had been disturbed during the 60 years she had lived there.

“I would be extremely sad to see the Devon Dumpling go,” she said.

“I have seen significant change in Shiphay since I have been here. We have lost so much: the garage, the bank and we have more flats. If anything happened to the Dumpling we would have a block of flats there in its place... sometimes the devil you know is better than the devil you don’t know.”

John Dunkley, representing Matt Lyon, said the problems were “largely in the past”.

He said his client had learnt a “significant lesson” by being pulled into a review.

Torbay Council agreed that the licence could continue, but the sale of alcohol restricted to 10am to 10.30pm Mondays to Thursdays and 10am to 11.30pm Fridays and Saturdays, with closure times of 11pm and midnight respectively.

New conditions include installing a noise limiting device and a maximum noise level agreed with environmental health officers. CCTV must be able to record audio to the council's satisfaction, smoking won't be allowed outside the front of premises, more prominent signage installed  asking smokers to respect local residents, and training for all staff in licensing regulations and conditions of the licence.

After the meeting, Cllr Cowell said the pub is so important to the area that the Shiphay Community Partnership wants to register it as an Asset of Community Value so if it is ever sold, residents would have first refusal.