(a)

considered the report from the Director for Community Services;

(b)

heard from a representative of Devon & Cornwall Police that the four licensing objectives were not being upheld as detailed below–

the premise had on two occasions failed to comply with the premises licence in respect of providing CCTV. Both CCTV drives were eventually seized for examination. The CCTV system did not comply with the licence conditions as it did not have facial recognition;

the CCTV images on the 23 July 2011 were removed from the hard drive by persons unknown and could not be retrieved. The images appeared to have been wiped when the Police returned the next day. There was evidence that someone had been in the room since they had left it the previous day.Again there were problems with CCTV on the 31 July the hard drive was taken from the premises as images could not be found. They were later retrieved by the Police High Tec crime unit.This CCTV footage was viewed by the committee. The public were excluded from the meeting at this point as it was considered to be in the public interest to do so due to ongoing court proceedings. This is in accordance with regulation 14(2) of the Licensing Act 2003 (Hearing Regulations) 2005. Evidence of these events was detailed in the statements of PC Matt Mann dated 3 August 2011 and PC Ann McClean dated 11 August 2011;

there was evidence of consistent lack of control of the premises. On the 23 July 2011 this resulted in smoking in the bar, customers in the bar reported to be shown on the CCTV to be helping themselves to alcohol while the premise licence holder was present and also drinking within the bar. Later that day the person who presented himself as in charge appeared to be intoxicated and customers were heavily intoxicated. The Designated Premises Supervisor (DPS) (who is also the premises licence holder (PLH)) was also said to be drunk when he returned to the premises later that evening. There was an alleged assault on a woman so drunk she could not speak and urinated in the rear of a police vehicle. Evidence of this was detailed in the statements referred to above;

on the 31 July 2011 there was an incident of racially aggravated disorder in the vicinity of the premises at a local takeaway. There were also children at risk during this incident. The offenders all belonged to a group which were holding a meeting at the Wild Coyote. All four offenders were arrested after the police were deployed but they had to use Pava Spray to control the situation. All four are at present on bail to court;

the committee were shown CCTV footage of the actions of the PLH from inside the premises whilst the incident was ongoing. (The public were excluded from the meeting at this point as it was considered to be in the public interest to  ...  view the full minutes text for item 40.