Agenda and minutes

Licensing Sub Committee - Tuesday 7 September 2010 10.00 am

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

Contact: Ross Johnston, Democratic Support Officer Email: helen.rickman@plymouth.gov.uk

Items

No.

Item

APPOINTMENT OF CHAIR AND VICE-CHAIR

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

Minutes:

Agreed that Councillor Mrs Bowyer is appointed as Chair and Councillor Delbridge is appointed as Vice Chair.

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.

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.

10.

VARIATION OF PREMISES LICENCE - BAC BAR 38-40 DRAKE CIRCUS, PLYMOUTH PDF 3 MB

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

Minutes:

The Committee having –

(i)

considered the report from the Director for Community Services;

(ii)

considered the written representations;

(iii)

heard from the applicant’s solicitor that:

	·	the applicant was not aware of any instances of crime or disorder which could be attributed to his premises which were well managed and operated by experienced staff;
	·	there was a total workforce of between 15 and 20 staff and a manager who held a personal licence. All security staff were S.I.A licensed;
	·	there would be no increase in the occupancy above the current level of 150;
	·	the outside rear area was not used for any licensable activities at all;
	·	the outside rear area was controlled by licensed security staff from 11pm as well as monitored by CCTV at all times when in use;
	·	there had been no instances recorded of crime, disorder, public safety or public nuisance from the use of the rear area;
	·	the current terminal hour for the premises was 4am and there was to be no increase in operating hours. Often they closed significantly earlier on many days;
	·	the applicant was not the premises licence holder when consultation over the cumulative impact policy was considered;
	·	the number of licensed premises in the area had been reduced in recent months due the closure of café eight, Bar 360 and University Wines;
	·	the premises provided seating for about 65% of its capacity;
	·	the area was busy as it was the centre of the University student and staff population and these people (including approximately 30,000 students) had to be catered for. Plymouth was economically dependent on the student/staff population and it was contended that they were entitled to expect a level of leisure facility similar to comparable cities;
	·	the noise from the use of the outdoor rear area was monitored by bar staff and security staff and behaviour was further monitored by CCTV. There was no licensable activity within that area at any time;
	·	the complaint received on 16 December 2009 referred only to music noise and not noise from patrons using the smoking area. The noise from music was immediately addressed and a self-closer was fitted to an external door. There had been no complaints or contact from the Environmental Health Office since;
	·	a method statement relating to the use of the rear smoking area had been provided;

(iv)	heard from the applicant’s witnesses that:

two letters had been provided by local residents living above the licensed premises who had no objection to the rear garden area being used after 11.30pm;

Mr Carter had taken over the premises in September 2009;

(v)	heard from a representative of Devon & Cornwall Police that:

the Bac Bar was situated in a cumulative impact area and evidence showed an increase in crime levels within this area;

evidence showed that the majority of crime in this area including the increase occurred between the hours of 7pm and 6am and could not be attributed to individual premises;

crime in the remainder of the beat ... view the full minutes text for item 10.

11.

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

Minutes:

There were no items of exempt business.