Agenda item

REVIEW OF PREMISES LICENCE - DUCHY OF CORNWALL, 14 ANSTIS STREET, PLYMOUTH

The Director for Community Services will submit a report on the review of a premises licence.

Minutes:

The Committee having –

 

(i)

 

heard from the premises license holders representative;

 

(ii)

 

heard from the designated premises supervisor;

 

(iii)

 

heard from a representative of the Environmental Health Department;

 

(iv)

 

heard from a representative of the Devon and Cornwall Constabulary;

 

(v)

 

considered all the written materials submitted;

 

(vi)

 

considered the report from the Director of Community Services;

 

Members heard from a representative of Environmental Health how a review of the premises licence had been sought under the licensing objectives the prevention of public nuisance and public safety.

 

Members heard how complaints had been received from a local resident regarding noise at the premises and of patrons drinking in the street.

 

Environmental Health attended the premises on the 2 August 2009 and witnessed excessive noise at the premises. The nominated deputy did not consider the noise to be excessive and was unwilling to reduce noise levels as recommended. Live music continued, windows and doors remained open and patrons remained outside drinking.

 

Environmental Health attended the premises on 16 August 2009 and found regulated entertainment was taking place contrary to the premises licence. The nominated deputy of the premises became aggressive, swore and made threats to the officers and did not stop the entertainment.

 

On 21 August 2009 three male patrons outside the premises exposed themselves to two female Council Officers. When the Officers returned some 30 minutes later the nominated deputy was seen to be staggering around outside believed to be under the influence of alcohol.

 

Members heard how Environmental Health Officers had written to the Designated Premises Supervisor (DPS) and met with her at the Civic Centre on 1 October 2009. Since the review application things had improved significantly and there was no live music on weekends

 

Members heard from a representative of Devon & Cornwall Police how they have received a complaint of noise and of patrons using window sills.

 

On Thursday 13 August 2009 at 10.30 p.m.  the Police witnessed a group of 30 people drinking in the street outside the premises. They were using the window sills of local properties for their glasses and cigarettes.

 

The Police received reports of the staff abusing and threatening Council Officers and the breach of licence conditions on 16 August 2009. They had also received a report of three male offenders in drink exposing themselves to female Council Officers.

 

The Police have met with the DPS and outlined what they expect. A letter was received from the DPS outlining things she will put in place. These are:

 

·        

 

notices of no glasses or bottles to be taken outside;

·        

a notice to be quiet and orderly when leaving the premises;

 

·        

windows and doors to be shut at all times when carrying out live music;

 

She says drug use is not tolerated at the premises.

 

The Police have received the acceptance of the premises license holder to a number of proposed conditions. They say the acceptance of these conditions satisfactorily addresses their concerns.

 

Members heard from a representative of the premises license holder that they have voluntarily actioned the following measures:

 

·        

 

the designated premises supervisor has enrolled on a BIIAB course to achieve the National Certificate for Designated Premises Supervisor.

 

·        

notices have been put up reminding customers not to create a nuisance or drink outside the pub.  Patrons will not be permitted to take drinks outside and crowds will be discouraged.  A robust staff training regime will be put in place to ensure these controls are adhered to in the absence of the DPS.

 

·        

windows and doors will be kept shut whilst amplified music being played.

 

Members heard from the DPS that her partner deals with orders, the cellar and labouring duties. She said training measures had been introduced ensuring all staff are fully aware of their responsibilities.

 

Having taken into account all the relevant representations made, the members have resolved to:

 

(1)

 

Modify the conditions of the licence – with the addition of the following conditions -

 

 

(i)

 

to prevent entertainment being intrusive, noise emanating from the premises will not be clearly audible one metre from the façade of the nearest residential property.

 

 

(ii)

 

all regulated entertainment sources are to be channelled through a noise limiting device. Such a noise limiting device should be installed and set at a level agreed with the Environmental Health service.

 

(2)

 

issue an informal warning to the license holder that should she come before a future licensing sub committee the details of this committee will be brought to their attention.

 

Supporting documents: