(a)

considered the report from the Director for Community Services;

(b)

considered all written representations;

(c)

heard from a representative of Environmental Health;

(d)

heard from the premises licence holder’s representative and his witnesses;

(e)

heard from the designated premises supervisor and the premises manager;

(f)

heard from interested parties;

(g)

heard from a representative of Environmental Health that:

they have received complaints of excessive noise coming from the premises from residents in Stopford Place and Devonport Road and have evidence dating back to December 2007;

since November 2010 they have witnessed noise issues on six separate occasions;

on 15 January 2011 officers witnessed breaches of the licensing conditions and unlicensed activities being carried out at the premise;

on 18 January 2011 a letter was sent to the premises licence holder with copies to the designated premises supervisor and Area Manager outlining the issues witnessed by officers and advising them of offences under the Licensing Act 2003;

on 22 January 2011 and 5 March 2011 officers witnessed further breaches of conditions and unlicensed activities being carried out at the premise;

in March 2011 the Area Manager was spoken to regarding the issues witnessed and was advised that any further breaches would likely result in them seeking a review of the premises licence;

on 3 June 2011 officers again witnessed breaches of the licence conditions and unlicensed activities being carried out at the premise.  The Manager was advised of the conditions on the premises licence;

on 4 June 2011 officers again witnessed breaches of the licence conditions being carried out on the premise;

on 2 July 2011 officers again witnessed breaches of the licence conditions and the Manager was instructed to stop the music and was again advised of the conditions on the premises licence;

the noise nuisance is caused from the noise levels inside the public house for live, recorded and karaoke music which is held on a Friday and Saturday night;

despite the licence conditions, windows and doors are being left open during entertainment;

current conditions are not being complied with and any additional conditions e.g. installation of a noise limiter would not be totally effective and it is recommended that live music, regulated entertainment and the provision of facilities for making music are removed from the licence;

(h)

heard from interested parties and considered written representations that;

the Stopford Arms has been badly managed by a succession of short-term landlords who have regularly disregarded their licence conditions;

they have had to put up with loud music coming from the pub late at night causing upset and sleepless nights;

the licence conditions state that all music should stop by 11pm and that doors and windows should be closed but this does not happen;

a diary of evidence has been kept dating back six years;

the smoking area has contributed to noise problems in the summer months;

the level of noise that is produced by the patrons in and around the premise is extremely excessive at  ...  view the full minutes text for item 34.

(a)

considered the report from the Director for Community Services;

(b)

considered the written representations and heard  from the interested party present;

(c)

heard from the applicant:

that following consultation the footprint had been revised and a map was provided;

he was working with Plymouth City Council to formulate a security plan, including SIA door security staff at each of the 6 venues;

he was expecting to attract a more up-market clientele;

that there had been no objections from any of the responsible authorities;

that he had run the Jazz and Blues Festival and other festivals.

(d)

considered representations under the licensing objectives as follows:

1)

Prevention of Crime and Disorder –

heard from an interested party that:

to extend to the area requested would inevitably bring an increase in crime and disorder and felt the area would be too large for one person to control; this was considered to be relevanthowever there had been no representation from the Police and no evidence that this was likely to occur;

the Hoe and Foreshore has been a magnet for drunks in the past but has been prevented by the police being able to move people on.  With more outlets along the Promenade and foreshore the police would find it almost impossible to carry out this duty; this was considered to be relevant however there had been no representation from the Police and no evidence that this was likely to occur;

the area would be so large that it would be almost impossible to stop people going to the local shop and buying alcohol to consume within the area so how can it be policed properly; this was considered to be relevant however there had been no representation from the Police and no evidence that this was likely to occur;

2)

Protection of Children from Harm –

would create an atmosphere where due to the increased availability of alcohol, children and families will be in danger of being subject to abuse through the mis-use of alcohol; this was considered to be relevant however there had been no representation from the Police and no evidence that this was likely to occur.

3)

Prevention of Public Nuisance –

no representations were made;

4)

Public Safety

no representations were made;

5)

Other representations –

none

(1)

subject to mandatory conditions contained in the Licensing Act 2003 and conditions consistent with the applicants operating schedule.