Agenda and minutes

Licensing Sub Committee - Tuesday 22 January 2019 10.00 am

Venue: Council House, Plymouth

Items
No. Item

6.

Appointment of Chair and Vice-Chair

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

Minutes:

Agreed that Councillor Rennie is appointed as Chair and Councillor Dr Mahony as Vice Chair for this particular meeting.

7.

Declarations of Interest

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

Minutes:

There were no declarations of interest made by Councillors, in accordance with the code of conduct.

8.

Chair's Urgent Business

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

Minutes:

There were no items of Chair’s urgent business.

9.

Grant of Premises Licence - City Grill, 130 Cornwall Street, Plymouth pdf icon PDF 1 MB

The Director of Public Health will submit a report in relation to the application for the grant of a premises licence for City Grill, 130 Cornwall Street, Plymouth under Section 17 of the Licensing Act 2003.

 

Additional documents:

Minutes:

At 10am Members were advised that the applicant had not arrived at the Council House.

 

The Licensing Officer confirmed that following the adjournment of the hearing on 4 December 2018, he had visited the City Grill and had spoken to the applicant.  He had stated that his agent had not notified him of that hearing.  He was using an agent, as whilst his spoken English was good, he could not read it well.  The Licensing Officer confirmed that he verbally advised the applicant of the adjournment and the time and date of today’s hearing.  The Licensing Officer had also notified in writing both the applicant and the agent of the date and time of today’s hearing.

 

The Committee allowed a further five minutes for the applicant to attend.

 

Following a check of the building and confirming that the applicant had still not attended, the Committee determined that today’s hearing, having been adjourned once to allow for the applicant’s attendance, should proceed in the applicant’s absence.

 

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

 

(b)

considered the application as follows -

 

 

the applicant had submitted an application for a premises licence and had applied to be permitted to carry out the following licensable activities -

 

 

 

?

late night refreshment by delivery only Sunday to Thursday 11pm to 3am and Friday to Saturday 11pm to 5am;

 

 

 

 

 

?

the time the premises would be open to the public midday to 11pm;

 

 

(c)

representations from responsible authorities: there were no representations from the responsible authorities;

 

 

(d)

considered the following written and oral representations of the interested parties under the following licensing objectives -

 

 

 

the prevention of public nuisance -

 

 

 

?

noise disturbance – the local residents were a mixed community, many of whom were elderly and some young families with babies. They were concerned that, should the application be granted, they would have their sleep time disturbed throughout the night by noise nuisance in the form of -

 

 

(1)

engines for the delivery vehicles starting and stopping and doors opening and closing at the rear of the premises which was close to their flats and windows;

 

 

 

 

 

 

(2)

noise from staff taking their breaks in the rear of the courtyard which backed on to the flats.  There was a heavy safety door which made a lot of noise when it opened and shut.  This back door was the one point of access for delivery and staff breaks.  Noise within this rear yard echoed with the proximity of the tower block behind;

 

 

 

 

 

 

(3)

at night time, without the background noise of daytime activities, the noise of cooking and washing up would be very prominent;

 

 

 

 

 

 

(4)

it was not felt that a condition to prevent use of the rear yard would be a workable option, as the business would need to use the front door and this could lead to members of the public being drawn to the premises in the belief that it was open;

 

 

 

 

 

 

(5)

all of the above points concerned additional noise  ...  view the full minutes text for item 9.

10.

Exempt Business

 

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) Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

There were no items of exempt business.