Agenda and minutes

Licensing Sub Committee - Tuesday 20 April 2010 10.00 am

Venue: Council House, Plymouth (next to the Civic Centre)

Contact: Helen Rickman, Democratic Support Officer  Email: helen.rickman@plymouth.gov.uk

Items
No. Item

67.

APPOINTMENT OF CHAIR AND VICE-CHAIR

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

Minutes:

Resolved that Councillor Mrs Bowyer be appointed as Chair and Councillor Delbridge be appointed as Vice Chair.

68.

DECLARATIONS OF INTEREST

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

Minutes:

There were no declarations of interest in accordance with the code of conduct.

69.

CHAIR'S URGENT BUSINESS

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

Minutes:

There were no items of Chair’s Urgent Business.

70.

REVIEW OF PREMISES LICENCE - CLIPPER INN, 65 UNION STREET, PLYMOUTH pdf icon PDF 8 MB

The Director for Community Services will submit a report on a review of a premises licence.

Additional documents:

Minutes:

The Committee having –

 

(i)

considered the report from the Director for Community Services and received an update from the Licensing Officer that two of the representations submitted in support of the Premises Licence Holder (PLH) at appendices 15 and 27 had been withdrawn as the people purported to have written them had denied that they had done so. Also appendices 19 and 29 were removed from consideration as the addresses supplied could not be found;

 

(ii)

considered all written representations (save the appendices referred to above);

 

(iii)

heard from a representative of Devon & Cornwall Police that –

 

 
  •  

the Police had been concerned for some time regarding the management and control of the premises in regard to the inability to contact the Designated Premises Supervisor (DPS), the archiving of CCTV footage and the downloading of CCTV footage;

 

 
  •  

at a meeting on the 4 September 2009 it was agreed that any serious incident inside the premiseswould be burnt to disc and held for 28 days, the CCTV would be upgraded to archive for 14 days, the manager would be given access to the system to download footage, polycarbonates and plastic bottles were used after 0130 hours, PARC membership would be considered and a review of recent press cuttings would take place;

 

 
  •  

there had been a few problems at the premises with Door Supervisors not being available or not working, working without a current licence or not wearing their badge;

 

 
  •  

the Police had difficulties in obtaining CCTV footage on the following occasions: 15 October 2009, 16 October 2009, 17 October 2009, 19 October 2009, 21 October 2009,19 November 2009, 1 December 2009, 6 January 2010, 24 January 2010; in some cases the footage had been overwritten, the wrong footage was sent, there was no response or they were not able to contact the PLH or  DPS;

 

 
  •  

various incidents had occurred as follows:

 

 

 

1.

fights outside the premises had occurred on the 13 October 2009 at 0624 hrs (CCTV did not show assault), 6 December 2009 at 0622 hrs, 16 December 2009 at 0312 hrs which was not reported to the police, 28 December 2009 0550hrs (CCTV not retained), 31 December 2009 0604hrs fight started in doorway and spilled into street (staff were unaware of the incident) and 4 March 2010 at 0622hrs this fight was watched by bar staff and doorman with no attempt made to use club watch radio or report matter;

 

 

 

2.

violence in the smoking area of the premises had occurred on the 26/10/09 at 0521hrs (and on that occasion the door supervisor had not been wearing his badge), 11/12/09 at 0418 hrs and staff had been unaware of this incident, 23/12/09 at 0142 hrs and 3/1/10 at 0222 hrs.

 

 

 

3.

on the 13 October 2009 0505hrs drinking took place outside the premises in glass vessels one of which was thrown into the road and smashed;

 

 

 

4.

customers had left the premises and urinated outside the premises on the following dates: 13 October 2009 at 0505hrs,  ...  view the full minutes text for item 70.

71.

EXEMPT 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) 1 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

Resolved that the press and public be excluded from the hearing in accordance with Regulation 14(2) of the Licensing Act 2003 (Hearing) Regulations 2005.

72.

GRANT OF PERSONAL LICENCE - NJB (E1)

The Director for Community Services will submit a report on the grant of a personal licence.

Minutes:

The Committee having –

 

(i)

considered the report from the Director for Community Services;

 

(ii)

heard from the applicant in support of his application;

 

(iii)

heard from a representative of Devon and Cornwall Police that granting the licence would undermine the crime prevention objective;

 

(iv)

Members considered the representations and the guidance issued by the Secretary of State for Culture, Media and Sport under section 182 of the Licensing Act 2003 at paragraph 4.9.

 

Members considered whether it was necessary for the promotion of the crime prevention objective to reject the application and felt that due to the conviction in respect of a drug related offence and the length of the prison sentence it was in this case necessary to reject the application as there were no exceptional and compelling circumstances that would justify granting the licence.

 

Resolved that having taken into account all of the above representations the application for a personal licence be refused.