(a)

considered the report from the Director of Public Health;

(b)

heard from the Environmental Health officer and considered the letter from Environmental Health (at Appendix 2 of the report) detailing that -

?

a change of ownership had taken place at the premises and as a result Environmental Health no longer considered that the review hearing was necessary now that the previous Premises Licence Holder had left the premises;

?

the new management had a positive attitude to work with the local authority and had confirmed that they would adhere to the conditions added by the committee on 4 April 2017;

?

therefore the premises should no longer negatively impact on the Prevention of Public Nuisance licensing objective.

(a)

considered the report from the Director of Public Health;

(b)

heard representations from the Police under the licensing objective of Prevention of Crime and Disorder as follows -

?

a serious crime took place on 2 July 2017; a man died following a verbal disagreement inside the premises and a subsequent assault took place in the porch of the premises;

?

indications were that the man died as a result of the assault;

?

since the expedited review held on 4 July 2017 the offender had been charged with manslaughter;

?

further investigations had highlighted breaches of the premises licence and a lack of adequate management of the premises and the conditions attached to the Premises Licence;

?

due to the low number of previous incidents the Police believed the best approach would be to update the Premises Licence;

?

the proposed new conditions which had been agreed by the Premises Licence Holder at a meeting on 24 July 2017 were intended to replace the ambiguous conditions on the current licence with conditions that were unequivocal, and ensured that the licensing objectives were complied with;

?

imposing these conditions minimised the reoccurrence of further incidents relating to serious crime due to the lack of management control of the premises;

?

had put the Premises Licence Holder in touch with the representative from Best Bar None to help with training;

?

that since the meeting to agree the new conditions the Premises Licence Holder had been operating to the said proposed conditions;

?

see attached list of conditions (annexed to these minutes as Appendix 1);

(c)

Members took into consideration these representations which were considered relevant to the licensing objective of the Prevention of Crime and Disorder;

(d)

heard representations from Environmental Health under the licensing objective of Public Nuisance as follows -

?

the current Premises Licence Holder took over the running of the premises on 13 January 2017;

?

on 6 February 2017, Environmental Health received its first complaint of music noise from the premises and noise from patrons drinking outside the premises and being intimidating;

?

details of the noise complaints were provided along with details of the contact that Environmental Health had with the Premises Licence Holder to try and resolve the issues;

?

a noise abatement notice was served on the premises on 24 February 2017 however, Environmental Health continued to receive complaints about the noise from local residents;

?

officers visited the complainant’s house and witnessed noise from music and from patrons outside the premises which would have disturbed anyone trying to sleep in the bedroom; the officers on this occasion spoke to the Manager, Mr Wills who they reported to be argumentative when asked to control the noise of the music and his patrons;

?

that the premises adjoined the residential property and that it would not be structurally possible to fit sound proofing and as such fitting a noise limiter would not be effective in controlling noise and would not control live music;

?

in light of the ongoing complaints that had been received and despite  ...  view the full minutes text for item 29.