(a)

considered the report from the Director for Community Services;

(b)

heard from the applicant and his witnesses that –

(i)

the objection by the police was linked to disorder in Choo Choo’s nightclub which was yet to be finalised and was still going through the courts.  Until this appeal was heard in January 2012 how can this link be proven and used against us.  If we win the case in January, this objection from the police would be unfair;

(ii)

there had been no problems during the six weeks the premise had been open;

(iii)

Stefan Williams had been involved in the licence trade for over twenty years and Choo Choo’s was the first place he was a designated premises supervisor;

(iv)

Stefan Williams had previously worked for Southern Image and helped people with under achieving premises.  He said that he had worked for a number of venues and had not had any problems apart from in Plymouth;

(v)

they often did not hear from the police regarding incidents and they had the impression of doing well following good feedback and the problem premise status at Choo Choo’s due to be removed;

(vi)

when a murder occurred at Space nightclub Mr Williams was not there and someone else was running the venue;

(vii)

Mr Williams was not involved in Jumping Jacks as it was his wife’s venture and she was the premise licence holder and designated premises supervisor of this premise.  When this licence was revoked he was working in Exeter; 

(c)

heard from the representative of Devon and Cornwall Constabulary that;

(i)

the proposed designated premises supervisor (DPS) was Stefan Williams.  Stefan Williams was the DPS of Choo Choo’s situated at 71 Union Street when an application was made by Devon & Cornwall Constabulary to review this premises licence.  This hearing was held on 12 July 2011 and a determination made;

(ii)

Stefan Williams was also the owner/manager of Jumping Jacks situated at 111 New George Street when an application was made by the police to review this premise licence.  This hearing was held on 21 July 2009 and a determination made which revoked the premises licence;

(iii)

it was the opinion of the Devon and Cornwall Constabulary that in light of these two determinations this application will undermine the crime prevention objective;

(iv)

Stefan Williams was the owner and in control of Jumping Jacks when the premise licence was revoked in 2009.  He may not have been the DPS but was in day to day control of that premise;

(v)

in 2000, during the time he was a licensee of Space nightclub a murder occurred.  This took place after licensing hours while they were operating illegally;

(vi)

as he was not the DPS for Jumping Jacks there was no objection when he applied to be DPS for Choo Choo’s, but this was now deemed to be a step too far.