The Committee will appoint a Chair and Vice-Chair for this particular meeting.

The Committee agreed to appoint Councillor Rennie as Chair and Councillor Allen as Vice-Chair for this meeting.

Members will be asked to make any declarations of interest in respect of items on this agenda.

No declarations of interest were made.

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

There were no items of Chair’s urgent business.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) ? of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

The Committee agreed to pass a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and the public from the meeting for the following items of business, on the grounds that they involve the likely disclosure of exempt information, as defined in paragraph 1/2/3 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

The Committee:

1.     Considered the report from the Director of Public Health and policy and guidance referred to therein, written and oral representations from the applicant and written and oral representations from the complainant;

2.     Considered the fact that the hearing involved the discussion around the complainant’s personal health information which was sensitive data. As a result, the matter would be heard in private in accordance with regulation 14 of the Licensing Act 2003 (Hearing) Regulations 2005 as the public interest in hearing the matter in private outweighed the public interest in hearing the matter in public. The outcome could be reported without the identity of the applicant being known and this would satisfy the public interest in this case;

3.     Were satisfied that to grant the application would not undermine the Prevention of Crime and Disorder or the Prevention of Public Nuisance Licensing Objectives for the reasons set out below and therefore the application would be granted subject to the following:

i)      Mandatory conditions set out in the Licensing Act;

ii)     The conditions were consistent with the applicants operating schedule;

iii)   Conditions agreed with the Policy and Environmental Protection.

4.     The additional conditions were imposed by the Committee:

                                  i.         Maximum of six people allowed to be present in the smoking area at the front of the building;

                                ii.         Alcohol to be served only at the table;

Whilst not being a specific condition the Committee encouraged the applicant to contact the Plymouth City Council Environmental Protection department to prevent noise nuisance.

(Please note there is a confidential part to this minute)

(At the end of this item the Committee agreed to return to a Part 1 meeting)

The Committee having:

a)     Considered the report from the Director of Public Health and policy and the guidance contained therein;

b)    Considered what was said by the applicant both verbally and in writing as follows:

i) The application was to service alcohol with food and there would be no binge drinking or bar facilities;

ii) The plan was to encourage art events and there would be some DJ ‘House’ music;

iii) CCTV had been installed;

iv) The time the courtyard was available to customers had been agreed with the police;

v) A decibel metre would be monitoring noise at a maximum level, which would be agreed with an Environmental Protection Officer;

vi) Staff would be trained under the Challenger 25 system and there would be no underage drinking;

vii) The applicant accepted there was noise from the Drum and Bass event but believed the reporting of the event was not accurate and had been exaggerated;

viii) There would be a capacity within the premises of 30-40 persons and approximately 25 persons in the courtyard;

ix) The applicant would agree to the use of the courtyard to be limited to 9.30pm Sunday to Thursday and on Friday and Saturday night to 10.00pm.

c)     Considered written and oral submission from the other party as follows:

i) There were concerns over the noise from the premises as it was a residential area which included children and residents of poor health;

ii) There were three flats above the premises;

iii) The area was known for drug use and the premises could potentially be a venue for the purchase/use of illegal drugs;

iv) The premises would affect the Backpackers business;

v) There could be disorder from the narrow entrance and exit and it could be a flash point for violence;

vi) There had not been any noise nuisance since the last Drum and Bass session.

d)    Considered the Prevention of Crime and Disorder Licensing Objective regarding whether further licensed premises would lead to further drug use, increased violent crimes and anti-social behaviour. The committee considered this representation to be relevant under this licensing objective but did not consider this particular premises would add to the problems:

i) The premises were limited to a maximum of 65 people and the premises would not be a bar or nightclub;

ii) The serving of alcohol would be with food and therefore would potentially limit the amount of alcohol consumed;

iii) The risk of excessive drinking would be proportionately addressed by a condition that would be the only serving of alcohol at the table and vertical drinking would be prohibited;

iv) The applicant committed to complying with the conditions as outlined in police representations in respect of training to not serve underage persons who had drunk to excess;

v) There was no evidence from the police that the premises would be used in illegal drug activity;

vi) There was no evidence that the premises would increase the risk of violence;

vii) The committee noted that the police had made  ...  view the full minutes text for item 49.