(i)

considered the report from the Director for Community Services;

(ii)

considered the representations from Devon and Cornwall Constabulary and Environmental Health and noted that there was no objection to the part of the application detailed at para 1.3 (1a ) of the report

(iii)

heard from the applicant and his solicitor that:

• The application was not to reduce staffing or door supervision levels; it was to provide flexibility in deploying staff and door supervisors and to make better use of resources
• It is intended to have a system in place to limit customer levels, if appropriate levels of staff and door supervisors are not in place
• Levels of staff and door supervisors can be increased if customer levels increase at any time
• Due to attendance levels varying within the premises the applicant would have additional levels of staffing for the times when they will be most effective which would enhance the licensing objective and not adversely affect them
• Staffing at the premises varies from 8 to 12 dependent on the time of year. They work on a rota to cover daytime and evening.
• At least four staff members are fully trained in all aspects of managing and supervising the premises and three hold personal licences.
• At least one personal licence holder is at the premises whenever they are open
• The premises capacity is 100 spread between two floors.
• Average attendance at the premises early in the week and out of student term time is 40. In these circumstances the downstairs is closed and one door supervisor and one management supervisor plus bar assistant is considered to be sufficient
• The applicant has access to up to four door supervisors at any one time and they can be deployed at short notice if necessary.
• Both the premises licence holder (PLH) and designated premises supervisor (DPS) have the facility to monitor the CCTV at their home addresses meaning that staffing is monitored at all times.
• The applicants operate a total of six licensed premises within the Mutley and North Hill area and have a further 15 to 20 members of staff to call on.
• The existing conditions were agreed in November 2006 when the trading conditions were good on most nights of the week. The current trading climate is now 40 to 50% less than this which justifies the need to manage resources more effectively.
• People are not going out as much so there are more door staff on the premises than needed.
• The DPS and personal licence holder are SIA trained

(vi)

considered representations under the licensing objectives as follows:

a)

Prevention of Public Nuisance –

Environmental health stated that due to the fact the Skiving Scholar does not have a dedicated smoking area and patrons congregate outside the public house to smoke, the reduction in door staff and staff managing the premises means there is a potential for increased noise disturbance to local residents. It was also stated that the Cumulative  ...  view the full minutes text for item 9.

(i)

considered the report from the Director for Community Services;

(ii)

heard that following agreement of conditions with the applicant as per (iii) below Environmental Health had withdrawn their representation;

(iii)

considered the written representations and heard from interested parties present;

(iii)

heard from the applicant that:

following receipt of the representation from Interested Parties amendments had been made and conditions agreed with Environmental Health as detailed below:

1.      The Licence Holder or nominated person will assess the impact of any noisy activities on neighbouring premises at the start of the activity/entertainment and periodically throughout the activity/entertainment and take action to reduce noise levels if they are found to be excessive/distinguishable above background levels at the nearest residential property.

2.      The performance of live entertainment will be limited to a maximum duration of  two hours inclusive of any breaks

3.      Waiter/Waitress service will be available throughout the premises at all times.

4.      Substantial Food will be available at all times. (Subject to a permitted wind-down period before the terminal hour of service.)

5.      Consumption of alcohol at the bar area is subject to patrons waiting for tables or sitting at stools provided.

6.      Numbers of patrons drinking in the bar area (not awaiting tables) shall not  exceed 10 persons

7.      Management will control levels of noise in the outside area and advise customers of the need to respect local residents where appropriate.  Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

8.      A telephone number will be made available and displayed in prominent locations in the Brewhouse and Clarence buildings for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons associated with the premises.  The telephone number will be a direct number to the management who are in control during opening hours.  A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call.  Records will be made available for inspection either by authorised officers or Police throughout the trading hours of the premises.

9.      A designated, de-lineated and bordered smoking area will be allocated outside the premises.

10.  Suitable receptacles will be provided for cigarette litter within the designated smoking area.

11.  A specific taxi operator has been nominated for staff and customers use.  The company’s telephone number is advertised to customers.  The operator and all drivers are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.  In addition, staff will leave as quietly as possible, particularly at night and early in the morning.

12.  The handling of beer kegs, bottles and other similar items will not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

13.  Provision of mechanical ventilation and air conditioning  ...  view the full minutes text for item 11.