Agenda item
VARIATION OF PREMISES LICENCE - THE SKIVING SCHOLAR, 1 TAVISTOCK PLACE, NORTH HILL, PLYMOUTH PL4 8AU
The Director for Community Services will submit a report on the variation of a premises licence.
Minutes:
The Committee having –
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considered the report from the Director for Community Services;
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(ii) |
considered the representations from Devon and Cornwall Constabulary and Environmental Health and noted that there was no objection to the part of the application detailed at para 1.3 (1a ) of the report
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(iii) |
heard from the applicant and his solicitor that:
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(vi) |
considered representations under the licensing objectives as follows:
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a) |
Prevention of Public Nuisance –
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Environmental health stated that due to the fact the Skiving Scholar does not have a dedicated smoking area and patrons congregate outside the public house to smoke, the reduction in door staff and staff managing the premises means there is a potential for increased noise disturbance to local residents. It was also stated that the Cumulative Impact Policy was introduced due to overall levels of crime and disorder and nuisance in the area resulting from licensed premises operating until the early hours of the morning, with particular regard to the anti social behaviour and nuisance behaviour of patrons leaving licensed premises and that impact on the neighbourhood in the early hours of the morning. Environmental Health did not consider that the applicant’s operating schedule dealt adequately with the potential impact the variation would have on the licensing objectives.
Environmental Health also put forward a Plymouth Customer Data Integration Project produced in October 2010 which contained information following a data survey conducted in the Mutley and Greenbank area and details resident’s views of the local area. The information contained within the report detailed that residents were disturbed by noise between 10pm and 6am with particular problems being during September and October on Friday and Saturday nights. Committee considered that this information supported the cumulative impact policy and demonstrated the effect that noise can have on residents in the area.
The committee considered the representation to be relevant and could not see how the applicant had demonstrated within its operating schedule how the variation application would not negatively impact on the licensing objective of prevention of public nuisance neither could they see that any other measures would address the concerns raised.
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b) |
Prevention of Crime and Disorder –
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The police stated that the variation application was likely to increase crime and disorder in the area. They stated that there was currently evidence of crime and disorder at the premises and that the removal of door supervisors trained to deal with the situation would only lead to an increase. The police also stated that the application failed to demonstrate how the proposals would not negatively impact on all of the Licensing Objectives.
The police provided data to the committee. One report detailed offences within the Skiving Scholar between 2009 and May 2011. This showed 26 violent crimes (including three of serious violence), 33 acquisitive crimes, five criminal damage and six drug offences. The offence levels were fairly stable with an average of two to three offences per month. The report showed that peak times for offences were between midnight and 4am, throughout the week. The committee took this report into account in reaching its decision as the police stated that the reports were tied and linked to the premises.
This representation was considered to be relevant and again the committee could not see how the applicant had demonstrated within its operating schedule how the variation application would not negatively impact on the licensing objective of prevention of crime and disorder neither could they see that any other measures would address the concerns raised. |
Agreed that having taken into account all of the above representations the variation application to vary condition C – Crime and Disorder of the existing licence (at paragraph 1.3 (1a) of the report) to provide ‘A minimum of three staff will be present from midnight to close of business, seven days a week unless the downstairs bar is closed, when a minimum of two will be present. If downstairs bar has more than 25 patrons then this will increase to four bar staff – two up two down’ be GRANTED as there had been no representations against this part of the variation and therefore committee’s discretion was not engaged.
With regard to the remaining part of the application (at paragraph 1.3 (1b, 2a and 2b) of the report) the committee has had regard to its licensing policy and the guidance issued by the home office.
The licensing policy provides for a special policy in respect of North Hill, the area within which the premises are situated. The policy states that where an application for variation is made in that area, there is a presumption that the application will be refused where relevant representations are received and it is anticipated that the application will add to the problems of crime and disorder and/or public nuisance in the area and the applicant has been unable to demonstrate, within their operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.
Relevant representations have been received from Environmental Health and the Police that to grant the application will impact on the licensing objectives of crime and disorder and public nuisance as it will add to the existing problems with noise and crime and disorder in the area.
The committee do not consider that the applicant has been able to demonstrate through his operating schedule or through what has been said today that the variation to the conditions would not have a negative impact on the licensing objectives referred to in the representations.
Following the guidance from the Home Office at paragraph 13.34 the committee is satisfied that to grant the application would undermine the licensing objectives of prevention of public nuisance and crime and disorder as demonstrated by the representations from Environmental health and the Police. It has also considered whether any other conditions could be effective in preventing the problems identified but considers that the conditions already in place on the licence are sufficient and necessary and addresses the concerns identified by the responsible authorities and that no other conditions would be effective. Therefore in accordance with the Council’s special policy the remaining part of the application is refused.
Supporting documents:
- Skiving Scholar, item 9. PDF 1 MB
- Restricted enclosure View the reasons why document 9./2 is restricted
- Restricted enclosure View the reasons why document 9./3 is restricted
- Restricted enclosure View the reasons why document 9./4 is restricted
- Restricted enclosure View the reasons why document 9./5 is restricted
- Restricted enclosure View the reasons why document 9./6 is restricted
- Restricted enclosure View the reasons why document 9./7 is restricted
- Restricted enclosure View the reasons why document 9./8 is restricted