The Committee will appoint a Chair and Vice-Chair for this particular meeting.

Agreed that Councillor Rennie is appointed as Chair and Councillor Hendy is appointed as Vice Chair for this meeting.

Members will be asked to make any declarations of interest in respect of items on this agenda.

There were no declarations of interest in accordance with the code of conduct.

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

There were no items of Chair’s urgent business.

The Director of Public Health will submit a report regarding a review of premises licence for Will’s at One, Residence No.1, Royal William Yard, Plymouth.

The committee:

1.    Proceeded to hear the matter having been advised that the premises licence holder (PLH) would not be attending.

2.    Considered the report from the Director of Public Health

3.    Heard from the Environmental Health officer as follows:

·         That they have worked with the Premises Licence Holders to attempt to resolve the situation however the use of the rear garden for wedding marquees and other music events is not suitable due to the close proximity of residential properties. This is because the level of noise cannot be adequately controlled and is having a negative impact on the licensing objective for the prevention of public nuisance.

·         Due to the time that the music is taking place performance of live and recorded music has fallen outside of the requirements to be licensed.

·         The PLH had been advised in July 2014 that noise complaints could occur if the premises were used for wedding marquees

·         The first complaint of noise was received in December 2014 but no further complaints arose until July 2015. Noise complaints were then received on the following dates: 31 July 2015, 22 August 2015, 3 October 2015 and 11 December 2015.

·         Environmental Health officers visited the complainant’s home on the 22 August and 3 October. During their visit on the 22 August the officer’s described the noise from those visits as being at an intrusive level that would prevent sleep (lyrics from the music were distinguishable) and that the noise from the premises could be heard with the windows open and shut and above the complainant’s TV and washing up noise. On the 3 October the officers described the noise again as being clearly audible with the windows open and closed and prevented sleep. The DJ could be heard speaking on the microphone, drums and vocals were clearly heard and people singing along and shouting could be heard. The music was extremely loud. It was described at one point as being as though a concert was being played in the complainant’s back garden. Sound measurements made during the visit recorded noise levels of 22db above background noise levels with the windows closed. BS standard 4142 indicates that where noise from a source is more than 10 dB above background levels then the noise is likely to cause a significant adverse impact. Despite discussions with the PLH’s noise consultant the volume of the music could not be reduced sufficiently to prevent unacceptable disturbance to the complainants. The noise consultant advised during a text conversation that ‘there wasn’t any more down before off’

·         The witness statements from the residents re iterated the levels of noise outlined above and explained the effect the music noise had had on them. Other problems mentioned were that they had been disturbed by patrons leaving an event at the premises and also the fact that there was no one at the premises that they were able to discuss the noise problems with.

·         The premises had been granted a TEN for the 3 October 2015 after  ...  view the full minutes text for item 24.

The Director of Public Health will submit a report regarding an application to vary a premises licence for PL4 Café, 8 Drake Circus, Plymouth.

The committee:

1.    Considered the report from the Director of Public Health

2.    Heard from the applicant that :

·         The application had been made mainly to extend the hours that late night refreshment was provided. The premises wished to provide food and soft drinks between 1am and 7am.

·         The additional hour for the sale of alcohol had been made as a result of a meeting with the Police and Environmental Health who had said they would not object to such an extension

With regard to the representations that had been made, the applicant:

·         Did not consider that there would be an increase in customers to the area as the premises had operated there before. As a result he did not consider that there would be any increase in anti-social behaviour or noise.

·         Did not consider that there would be an increase in litter as this was not a take away establishment and there was also a large council litter bin directly opposite the premises. With regards to their trade waste there was a contract in place to deal with this.

·         There would be no change to delivery times which would continue to take place during daytime hours with there being no deliveries between 1am and 5am.

·         There was no intention to extend the premises and if they wished to do this they would need a new licence.

·         The kitchen had been refurbished and inspected so would be able to cope with demand

·         During the meeting with Police Licensing they had confirmed that due to their small capacity, door staff would not be required. If there were any unforeseen problems they had the ability to call City Security who worked for PL4 bar next door.

·         The service of food and alcohol would be by table service only and not takeaway

·         He considered that the additional provision of late night refreshment would assist in reducing the levels of crime and disorder and nuisance in the area as a cool down area as it would stop people wandering around the streets and the food would help soak up any alcohol.

·         The premises would serve all sort of food and whilst the Bar is in the café and customers would not be required to order food, alcohol could only be consumed whilst seated at tables and opened containers would not be permitted to be removed from the premises or brought into them.

·         The Car Park is private and so there would be no members of public parking there. There is no exit from here onto Drakes Circus but only onto Tavistock Place. The main entrance to the premises was from Drakes Circus.

·         Appendix 2 of the report sets out the conditions that will apply

3.    Were advised that correspondence sent to three of the residents who had made objections had been returned ‘not known at this address’. However without further information committee still took these representations into consideration in reaching their decision. The following written representations were received:

Prevention of Public Nuisance

• Disruption was  ...  view the full minutes text for item 25.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) ? of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

There were no items of exempt business.