(e)

considered representations under the licensing objectives as follows –

(1)

Prevention of Public Nuisance –

Environment Health were concerned the premise was in close proximity to a residential area with the nearest residential property only 160m away.  They had received complaints from local residents concerning noise disturbance to local residents emanating from other businesses nearby use of their outside area.  They had recommended a number of conditions to promote the prevention of public nuisance licensing objective; 

the playing of music both indoors and outdoors was likely to cause a problem. A local resident said any live or recorded music and dancing outside would cause the same problems as they had already experienced with another premise;

sales of alcohol for consumption off the premises would result in more drunken behaviour.  The premise was located opposite West Hoe Park which was enjoyed by children.  In the past this had been the location for drunken and unacceptable behaviour and the close proximity of alcohol sales so close could exacerbate the problem;

there was limited parking and traffic noise via taxis was also likely to contribute to public nuisance;

.

patrons entering and leaving the premises would contribute to noise nuisance. Residents said they already suffered noise disturbance from patrons leaving another nearby premise late at night due to patrons calling to each other and from slamming car doors and this would further increase; 

residents were already regularly disturbed by drunks moving from the area of the Hoe late at night and this premise could only make an already difficult situation worse.  There had been experience of residents and staff of Azure (Devington) Management Company Limited being threatened by drunks this year; 

(2)

Prevention of Crime and Disorder –

Devon and Cornwall Police were satisfied that their conditions had been agreed by the applicant;

(3)

Protection of Children from Harm –

drinking outside was likely to cause an escalation of anti-social behaviour and tomb stoning;

there were nearby childrens’ parks and families and young children could be exposed to raucous and drunken behaviour;

the recreation activity such as bathing on the Hoe meant young people and children were more likely to suffer injuries from broken glass;

(4)

Public Safety –

the drinking of alcohol within the geographical layout of the premise could lead to accidents as there was a steep drop onto the rocks of the foreshore which could lead to serious accidents;

any broken glass would be hazardous to other users of that part of the Hoe;

(5)

Other representations –

no representations.

(f)

conditions agreed with Devon & Cornwall Police as contained in the report subject to the removal of PASS accredited cards being acceptable identification

(g)

conditions agreed with Environmental Health as follows:

(1)

the foreshore area must be cleared by 10pm other than for the use as a designated smoking area;

(2)

no drinks will be permitted to be taken to the foreshore area after 10pm;

(3)

management will control levels of noise in the outside area and advise customers of the need to respect local residents where appropriate. Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises;

(4)

all live music would be unamplified and limited to acoustic instruments only and to be played by no more than two artist in the outside area at any one time;

(5)

a senior member of staff (manager) will assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment;

(6)

management will control the sound levels of the music/entertainment;

(7)

Before 11pm - 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;

(8)

Between 11pm and 12 midnight – to prevent entertainment being intrusive, noise emanating from the premises will not be clearly distinguishable above other noise one metre from the façade of the nearest residential property;

(9)

the delivery of goods is restricted to taking place between 8am and 6pm;

(10)

Bottle skips and bins containing cans or bottles will not be emptied outside after 11pm but will be dealt with the next day during normal working hours;

(h)

special conditions as follows:

(1)

only polycarbonate glasses to be used in the foreshore area at all times;

(2)

the tables and chairs in the foreshore area are to be removed and stored by 10pm.