(i)

considered the report from the Director for Community Services;

(ii)

considered all written representations;

(iii)

heard from the interested parties present;

(iv)

heard that following the agreement of conditions with the applicant, the Environmental Health representation had been withdrawn;

(v)

heard from the applicant and his witness that:

he empathised fully with objections made by neighbouring residents;

he hoped that the facility he wished to create would be of value to the local community and he did not wish it to be a nuisance in any way;

he was happy to comply with recommendations made by Devon & Cornwall Police and Environmental Health and hoped this would show local residents and the committee members that he was a responsible person and willing to co-operate with concerned parties;

he wished to alleviate concerns by clearly stating his intentions for the premises;

it was his intention to open a small restaurant/bistro;

he was a qualified chef and it had always been his ambition to do this and he never wanted to open a bar/nightclub;

he would like diners at the restaurant to be able to be served alcohol for consumption with their meal at the table;

he had made a request for live music to provide diners with an alternative ‘background music’ facility.  He said he was thinking along the lines of an individual musician or singer.  He said he did not intend to have live, noisy bands or a DJ as this was not the ambience he wished to create;

his intention was to open and run a restaurant business providing the people of Plympton with a venue to dine at with their family and friends;

the bar area had been reduced by 66% and only three types of beers and wines would be sold; there would also be no t.v. or sports;

he was in the process of installing air conditioning;

when the premises was operating, local residents may visit the premises to check the CCTV was in place;

the rear door would only be used for deliveries and there were no deliveries until after 9am at weekends;

a suspended ceiling had been installed and would contain noise;

(vi)

heard and considered representations under the licensing objectives as follows:

a)

Prevention of Public Nuisance –

that late night loud music from a café that had recently closed had kept a resident awake and this was worse in the summer when her windows were open and at weekends and bank holidays. This was considered to be relevant however there was no evidence to link this to these premises, Members felt the conditions recommended by Environmental Health and accepted by the applicant would alleviate any concerns;

that when Unit 5 was known as Bar Code and Java Café the noise from live music and discos was nothing short of horrendous and the emanating base levels would make objects vibrate in a residents home and the sound of music could regularly be heard above the sound  ...  view the full minutes text for item 59.