(a)

the report from the Director for Public Health;

(b)

the review application, written and oral submission of the Environmental Health Officer as follows –

(i)

information was provided about the various communications that had taken place between Environmental Health, the Designation Premises Supervisor (DPS) and Premises Licence Holder (PLH) in relation to the complaints about noise.  Correspondence started on the 12 May 2014 and has continued since. In addition there have been meetings and telephone calls to try and resolve the noise problems. Solutions have been suggested by Environmental Health in relation to the restriction of the use of the outside area, an action plan and installation of a noise limiter. To date though the action plan has not been returned, no noise limiter has been installed and the use of the outside area continues beyond 11pm causing numerous complaints from residents;

(ii)

Environmental Health provided details of the complaints they had received from local residents about noise and also evidence of noise nuisance being witnessed by its officers. Noise diaries were kept by complainants and submitted for consideration to the committee. Unacceptable noise was witnessed by officers on the 6 June 2014, 27 June 2014 and 29 August 2014. The statements provided identify the noise as coming from music being too loud so much so that the lyrics of songs could be identified outside the premises. An officer also witnessed the DPS being abusive to a resident who complained to her about the level of the noise on the 6 June 2014.  On the 27 June 2014, the officer witnessed doors being left open and loud recorded music coming from pub.  Talking and shouting from patrons in the pubs beer garden was loud in complainant’s bedroom and also bass beat from the music playing in the pub was also audible in a bedroom. On the 29 August 2014 officers witnessed noise from 20 patrons congregating in the outside area of the pub. They were described as being very loud, shouting and laughing and were the most prominent noise in the area. The officers considered that the noise would have disturbed local residents as the time was approximately midnight. During the 20 minutes they remained at the premises they didn’t witness any member of staff trying to control the noise;

(iii)

evidence was contained in a witness statement from a local resident of the nuisance problems she has suffered from loud music and karaoke which has disturbed her from sleeping and resting. She has also witnessed violence and anti-social behaviour coming from the pub. A particular incident was on the day of the Tamerton Foliot Carnival which resulted in a fight and the police having to be called. She reported that people using the beer garden are often very inebriated and use horrendous language so that she unable to sit with her children in her garden through fear of the sort of things they will hear;

(iv)

Environmental Health recommended the removal of  ...  view the full minutes text for item 26.