Agenda and minutes

Licensing Sub Committee - Tuesday 12 May 2020 10.00 am, NEW

Venue: Virtual Meeting

Contact: Helen Rickman  Email: democraticsupport@plymouth.gov.uk

Media

Items
No. Item

55.

Appointment of Chair and Vice-Chair

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

Additional documents:

Minutes:

The Committee agreed that Councillor Rennie is appointed as the Chair and Councillor Parker-Delaz-Ajete is appointed as the Vice-Chair for this meeting.

56.

Declarations of Interest

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

Additional documents:

Minutes:

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

57.

Review of Premises Licence (under section 167 of the Licensing Act) - Bar 9 - First Floor, 32 Western Approach, Plymouth, PL1 1TQ pdf icon PDF 15 MB

The Director of Public Health will submit a report in order to provide the Licensing Sub Committee with relevant information to make a determination on a review under Section 167 of the Licensing Act 2003 following notification from South and West Devon Magistrates Court that a closure order had been made in respect of Bar 9, First Floor, 32 Western Approach, Plymouth, PL1 1TQ.

Additional documents:

Minutes:

The Committee:

 

1.

considered the report from the Director for Public Health;

 

2.

considered the closure order made by South and West Devon Magistrates Court on the 23 March 2020 on the grounds that the court were satisfied that a person had engaged with anti-social behaviour on the premises and that the use of the premises was associated with significant and persistent disorder or persistent serious nuisance to members of the public;

 

3.

considered both the written and verbal representations from the police which were in summary as follows:

 

 

·          

breach of licence conditions in particular with regards to the time that anyone under 16 had to be off the premises, the operation of CCTV, and staff being fully trained to fulfil their role;

 

 

·          

failure of the Premises Licence Holder (PLH) and staff to engage with police;

 

 

·          

not reporting incidents to police (an example of this was an assault where a 16 year old girl had her jaw broken and this had been reported by ambulance control and not the PLH);

 

 

·          

failing to take any actions to remedy the conduct of youths on and in the immediate vicinity of the premises;

 

 

·          

Police likened the premises to a youth club with beer and such were the police concerns that it was recommended no single crew visits;

 

 

·          

staff had not been suitably trained and were unaware of the conditions of licence;

 

 

·          

there were occasions where large numbers of youths were present on the premises but there was only one member of staff working and so it was difficult to see how they could respond to any incidents that may occur or effectively monitor the use of the premises;

 

 

·          

a member of staff working had confirmed she had found alcohol concealed around the premises after closing;

 

 

·          

Police had smelt cannabis in the premises and on one occasion found a bag of the same on the table. On another occasion a 17 year old male who confirmed they had been on the premises was found with two bags of cannabis concealed within his sock;

 

 

·          

Police found intoxicated youths on and in the immediate vicinity of the premises;

 

 

·          

staff had not been cooperative with Police in the investigation of crimes and weren’t able to provide CCTV when asked because only the owner could access the CCTV. Failure to provide the CCTV had hindered the investigation of crime;

 

 

·          

there was a lack of age verification procedures by staff of people using the premises;

 

 

·          

multiple reports of underage sales taking place – one mother reported her 15 year old daughter had attended the premises already intoxicated and had allegedly gained entry, been served alcohol and then had to have help to transport her daughter to hospital;

 

 

·          

PLH had left the premises open and completely unstaffed on one occasion – this was the first time the licensing officer had ever come across this happening;

 

 

·          

difficulty contacting the PLH;

 

 

·          

large fights/disorder taking place at the premises culminating in a closure order being obtained on the 23 March 2020. One incident  ...  view the full minutes text for item 57.

58.

Review of Premises Licence (under section 51 of the Licensing Act) - Bar 9 - First Floor, 32 Western Approach, Plymouth, PL1 1TQ pdf icon PDF 186 KB

The Director of Public Health will submit a report in relation to the review of a premises licence for Bar 9, First Floor, 32 Western Approach, Plymouth, PL1 1TQ. An application has been received from Devon and Cornwall Police under Section 51 of the Licensing Act 2003.

Additional documents:

Minutes:

The Committee having considered the report from the Director for Public Health, heard from the Police and Mr Wright, agreed that as all the matters raised in the Section 51 review had all been dealt with by the decision made under the S.167 review, no further action was required.

59.

Exempt Business

Remove if no Part II 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) ? of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Additional documents:

Minutes:

There were no items of exempt business.