(i)

considered the report from the Director for Community Services;

(ii)

considered representations from Devon and Cornwall Constabulary that to grant the licence would undermine the crime prevention licensing objective on the following grounds;

that the applicant had associations with previous management responsibilities at premises which had its premises licence revoked by the licensing committee and which indicated that it will not be possible to meaningfully engage in the licensing objectives;

that 71 Union Street was renamed and re opened as Jumping Jacks. This fact was advertised at the premises in New George Street Plymouth which used to go by this name (photographic evidence of this was produced). The premises licence for New George Street was revoked on the 21 July 2009 following a review hearing as a result of ongoing management problems at the premises.

the same people are associated with both premises. This was demonstrated by the fact that:

Mr Willoughby had been working at the premises at New George Street on the 26 June 2009 when there had been a serious assault at the premises;

on the 7 July 2009 the Premises Licence Holder at New George Street had confirmed that the duty manager would be Mark Willoughby. On speaking with him he confirmed he would be taking over the premises once his CRB check had come through;

a copy of the application to transfer premises licence and DPS in respect of 111 New George Street, Plymouth into the name of Mark Willoughby was produced. This application was objected to at the time by the police;

a copy of a letter dated 14 July 2009 was produced from a Mrs Williams confirming that Mr Willoughby had taken on the premises but due to the fact that he didn’t hold a personal licence the DPS would be Mr Williams until such time as Mr Willoughby obtained his personal licence;

a statement from Mr Willoughby confirming he was taking on the premises;

when Mr McIndoe attended the premises at 71 Union Street, Plymouth, both Mr Willoughby and Mr Williams were present and Mr Williams confirmed he owned a business interest in the premises;

a time line showed incidents occurring at the premise since it started trading on the 28 May 2010:

31 May 2010 - complaint of sexual assault at the premises;

6 June 2010 – a report of a fight at the premises and assault of door supervisor by having glass thrown in her face;

6 June 2010 complaint of assault after male sustained broken arm following ejection.

13 June 2010 – two males attempted to storm the front door of the venue but were stopped and ejected by door staff

19 June 2010 – assault on member of door staff

19 June 2010 – large scale disorder outside premises. Information was given that despite requests to close the premises to new customers to prevent further disorder the co owner of the premises tried to negotiate rather than complying.  ...  view the full minutes text for item 4.