(a)

considered the report from the Director for Place;

(b)

heard from a representative of Environmental Health that –

(i)

over the last few years complaints had been received from local residents relating to excessive noise from the premises which was surrounded by residential properties;

(ii)

the main complaints were from residents in Kent Road, but complaints from residents in Melville Road and Nepean Street had also been received;

(iii)

the complaints related to noise levels created inside the public house from live, recorded and karaoke music;

(iv)

management had made no attempts to reduce the noise levels and the windows and doors were left open during entertainment despite the conditions attached to their premises licence and despite advice and warnings being given by Environmental Health;

(v)

regulated entertainment had also taken place past their licensed hours and numerous breaches of licence conditions had been witnessed;

(vi)

the designated premises supervisor (DPS) had accepted a caution for unlicensed activities carried out on the 24 September 2011, 11 November 2011 and 19 November 2011;

(vii)

evidence of the noise complaints received was submitted in section 9 statement format from various environmental health officers who had visited the premises. This evidence was accepted by the premises licence holder (PLH) and also by the committee as showing that there had been a breach of the prevention of public nuisance licensing objective;

(viii)

additionally copies of anonymous noise diaries were submitted to the committee and these taken with the statements of the officers were accepted by the committee as showing breach of the prevention of public nuisance licensing objective;

(ix)

reference was made to the cleanliness of the premises whilst the previous DPS was resident;

this had not been taken into account by committee as the DPS had vacated the premises;

(x)

committee were made aware of the fact that letters had been written to the PLH and the DPS on various occasions outlining the problems that existed but that the PLH had not taken any action to address the issues with the management of the premises until the review proceedings were issued;

(xi)

the PLH had issued the DPS with notice to quit the premises by the 21 February 2012;

(xii)

the premises structure was not considered to be adequate to control noise levels. The building had single glazed windows and doors and some windows did not shut properly. The PLH indicated that they would be willing to install a noise limiter but would not want to replace the windows or carryout substantial works. Environmental Health were concerned that due to the structure of the building the noise limiter would have to be set at such a level that it would be unrealistic for the PLH to operate with it at such a level but that would only be able to be ascertained once a limiter was installed. It was suggested that no regulated live or karaoke entertainment be permitted at the  ...  view the full minutes text for item 79.

(a)

considered the report from the Director for Place;

(b)

heard from the applicant;

(c)

heard representations/read written representations from Strategic Housing Neighbourhood Manager and local ward Councillor as detailed below;

(d)

considered representations under the licensing objectives (as set out in the Council’s policy on Sex Establishment Licensing)  as follows:

(I)

Prevention of crime and disorder

(i)

it was believed that locating a sex establishment within one of the most densely populated and deprived communities which was also a conservation area and a gateway to the city did not protect the nature, amenity and character of the Stonehouse neighbourhood. It was believed that as a result of its presence there was an increased risk of crime and disorder;

this was not considered applicable as no representations were presented to the committee;

(2)

Protection of safety, health and public decency

(i)

it was believed that locating a sex establishment within one of the most densely populated and deprived communities which was also a conservation area and a gateway to the city did not protect the nature, amenity and character of the Stonehouse neighbourhood. It was believed that as a result of its presence there was a substantial risk of offending public decency; and that the wellbeing of children would be adversely impacted;

members accepted this representation but considered that the solution offered by the applicant of change to signage would address these concerns and members would impose a condition to confirm this;

(3)

Prevention of Nuisance

(i)

no representations heard;

(4)

Protection of Children from Harm

(i)

the establishment was based not 50m away from a Children’s centre providing childcare and support services for children aged 0-5yrs and their families, many of whom were considered vulnerable. It was also 50m away from 2 play parks, and 25m away from family social housing accommodation in Valletort House.

members accepted this statement but no evidence was presented to support this concern;

(5)

Protecting the nature, amenity and character of a neighbourhood

(i)

local residents groups such as Adelaide Community Project and Stonehouse Action had long been campaigning to compel Plymouth City Council to take every possible action to narrow the gap in the quality of life, that exists for residents in the Stonehouse neighbourhood and especially the Union Street vicinity as a result of the range of social pressures, including those caused by the Evening and Night Time Economy and Sex Establishment Trade. By not subjecting existing Sex Establishment businesses to the full consideration against the licensing criteria, it was viewed to be a missed opportunity to make a significant step to narrowing this gap for local residents. It also appeared to reflect the disregard of the significant housing stock located on or just off Union Street – residents have expressed anxiety that Union Street was accepted by Plymouth City Council as an area for lower end Evening and Night Time Economy provision, including Sex establishments  ...  view the full minutes text for item 80.