(i)

considered the report from the Director for Place;

(ii)

(iii)

Heard from Environmental Health and Devon & Cornwall Police as detailed below under the relevant licensing objective;

Heard from the applicant that:

• He had applied for nine Temporary Event Notices for various periods between 22 September 2012 and 11 November 2012;
• Agreed with Devon & Cornwall Police and Environmental Health that the conditions agreed with Devon & Cornwall on 5 October 2011 and the conditions agreed with Environmental Health on 14 October 2011 in Annex 2 of premise licence no. PA0122 shall be applied to the application;

(iv)

considered objection notices in respect of the licensing objectives as follows:

a)

Prevention of Public Nuisance –

The primary concern was the use of the outside area until 6am in the morning which would have a significant impact.  However this would be restricted if the conditions are imposed on the application and they are satisfied with this.

b)

Prevention of Crime and Disorder –

Devon and Cornwall Police were concerned that the application will allow drinks in the garden area after midnight.

The Police say the applications will undermine the prevention of crime and disorder and prevention of public nuisance licensing objectives.  However, the Police were satisfied that these concerns would be alleviated if the conditions on the premise licence were imposed on the application as agreed with the applicant.

Having heard from the applicant and considered the objection notices of Devon & Cornwall Police and Environmental Health the members agreed it was appropriate for the promotion of the prevention of crime and disorder and prevention of public nuisance licensing objectives to:

Impose conditions on the standard temporary notices as agreed.

(i)

considered the report from the Director for Place;

(ii)

Heard representations from Environmental Health and Devon & Cornwall Police as detailed below under the relevant licensing objective;

(iii)

Heard from the applicant (’s agent) that:

• A report had been undertaken by John Llewellyn Consultants and full details of this have been provided to the committee in appendix PC/1 and PC/3 of the report.  This report deals with smoking and noise transmission, security, customer control and premises management and cumulative impact;
• They have met with the Police and Environmental Health and have taken their advice;
• This will operate as a gentleman’s club hoping to attract a more mature person;
• The applicant as worked in the industry for about 16 years with the most recent being with the Barbican Live Lounge and his business partner is also experienced and has until recently worked at the Dairy;
• It was there intention to apply for a sexual entertainment venue licence and did not intend to open until this had been obtained;
• Proposed to have two door supervisors on the door and a further door supervisor in the premises;
• Had not yet provided full details of the intended management of the premises but this would be provided by Mr Llewellyn;
• The further eight conditions recommended by Environmental Health were accepted in addition to the conditions proposed in the letter dated 16 July 2012 and provided by John Llewellyn Consultants;
• There would be no designated smoking area and the customers would be moved on;

(iv)

considered representations under the licensing objectives as follows:

a)

Prevention of Public Nuisance –

Environmental Health say that the premise is located in a cumulative impact area and there is the potential for the application to negatively impact on the prevention of public nuisance licensing objective.  They say the premise is near local residential properties and there is the potential for the use of the premises to cause a public nuisance from music noise breakout from the premises; This was considered to be relevant however members heard from the applicant that the conditions recommended by Environmental Health had been accepted as requested.

b)

Prevention of Crime and Disorder –

Devon & Cornwall Police say that if this application were granted it would lead to people gathering in and around the premises and is likely to have a negative impact, increasing levels of violence, disorder and anti social behaviour reported.  Police records show alcohol related crime levels and anti-social behaviour in the Union Street area remains high with most incidents taking place between Midnight and 6am.  There were 325 crimes of violence recorded for the cumulative impact area of Union Street and Derry’s Cross, of these 100 were recorded in licensed premises while the others were recorded as street offences.

This was considered to be relevant, however members considered there would be a conditioning limiting the premise to having a maximum number of 100 persons (including members of the public, staff and performers, in addition members have  ...  view the full minutes text for item 27.