Agenda item

VARIATION OF PREMISES LICENCE - JOINT CAFE BAR, 92 NORTH HILL, PLYMOUTH

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

Minutes:

The committee having –

 

(a)

considered the report from the Director for Community Services;

 

(b)

considered the written representations;

 

(c)

heard from the applicant’s representative that –

 

 

(i)

the variation application had been amended, reducing the hours applied for and removing amplified music;

 

 

(ii)

the premise was family run with three family members and three other members of staff;

 

 

(iii)

he operated with door staff although there was no need for him to do so;

 

 

(iv)

there were several empty and boarded up premises and over the last 12 months had looked to expand the business;

 

 

(v)

a number of Temporary Events Notices (TENS) had been applied for in the last few months and takings had gone up several hundred pounds;

 

 

(vi)

during the operation of the TENS there had been no complaints received;

 

 

(vii)

in the past 12 months the Police had only been called to the premise once to deal with a drunk who had smashed a window;

 

 

(viii)

the Police often asked for the outside CCTV footage to assist with their enquiries;

 

 

(ix)

agreed to the conditions proposed by Environmental Health to prevent noise nuisance;

 

(d)

heard from a representative of Devon and Cornwall Police that –

 

 

 

(i)

there could be a negative impact on the prevention of crime and disorder licensing objective due to alcohol being sold until 1am as an increase in alcohol related violent crime and criminal damage could occur in the vicinity;

 

 

(ii)

there could be a negative impact on the prevention of public nuisance licensing objective due to alcohol being sold until 1am increasing the number of persons loitering late at night in the vicinity;

 

 

(iii)

there would be an increase in complaints regarding noise if regulated entertainment was provided until 1am;

 

 

(iv)

the premises lied within the cumulative impact zone and was surrounded by residential properties and the applicant did not provide sufficient detail to demonstrate how it would not have a negative effect on the licensing objectives;

 

 

(v)

if alcohol was sold until 1am this was likely to have an impact on the levels of violence and disorder reported.  The premises were very small and when busy could become hot making it necessary for people to open doors and windows or simply step outside;

 

 

(vi)

noise would be generated by those smoking outside the premises.  If seating was provided this would encourage people to remain outside and this would be difficult to manage;

 

 

(vii)

the applicant had failed to identify relevant conditions and had submitted proposals that did not effectively deal with all concerns;

 

 

(viii)

details were provided of a report regarding crime, violence and serious violence in North Hill/Tavistock Place and Sherwell Arcade for the period 01.08.08 to 14.11.11 indicating in the last 12 months violent crime in Sherwell Arcade had risen by 39.3% while the North Hill area as a whole saw a 10.7% reduction in violent crime;

 

(e)

heard from a representative of the Environmental Regulation Service that –

 

 

(i)

she had met with the applicant’s father, Mr Murphy regarding the application and proposed conditions. Following this meeting concerns still remained;

 

 

(ii)

there was no information in the operating schedule detailing how extending the hours and licensable activities would impact on the surrounding area and not have a negative impact on each of the four licensing objectives;

 

 

(iii)

the applicant had requested a maximum capacity of 90, however a maximum capacity of 46 was recommended;

 

 

(iv)

due to the close proximity of residential properties, if this application was granted, it was recommended that live music was restricted to 11pm and that recorded music was restricted until 11pm Monday to Thursday and until 00.30am on Friday and Saturday;

 

 

(v)

it was further recommended that six conditions be attached to the licence to reduce the likelihood of a public nuisance occurring as follows:

 

 

1.

a noise limiting device (the specification and design to be agreed with the Environmental Health Service) would be fitted so that all regulated and recorded music was channeled through the device.  The maximum noise levels would be set by agreement with the Environmental Health Service and would be reviewed from time to time as appropriate;

 

 

2.

the licence holder would ensure that the noise limiting device was sealed after commissioning so that sound operators could not override the system during the performance of live and recorded music;

 

 

3.

all amplified sound sources from the premises would go through a noise limiting device;

 

 

4.

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

 

 

5.

before 11pm - to prevent entertainment being intrusive, noise emanating from the premises would not be clearly audible inside the nearest residential property;

 

 

6.

between 11pm and 1am - noise emanating from the premises would not be distinguishable above background levels inside the nearest residential property;

 

(f)

heard from interested parties that –

 

 

(i)

the increased noise and persons outside of Headland Park House would cause severe disruption to the occupiers;

 

 

(ii)

there had already been incidents of persons ringing bells and urinating in the entrance to Headland Park House whose entrance was right beside the premises;

 

 

(iii)

in the apartments beside the premise the noise would be unbearable;

 

 

(iv)

on summer evenings a lot of customers stood outside the bar drinking which was unacceptable and a danger to traffic on a very narrow pavement on a busy junction;

 

 

(v)

the premise had residential accommodation directly above the premises and it was surrounded by other residential properties and any music activities would have a negative impact on the neighbours;

 

 

(vi)

there had been numerous complaints to a councillor from residents of broken glass immediately outside the premises as this was a popular route for dog walkers and families resulting in children and pets walking onto the road to avoid it;

 

 

(vii)

the bar was located in a high density residential area and suffered from the cumulative impact of anti-social behaviour, high levels of crime and disorder and criminal damage as well as vandalism and littering from the patrons to these premises;

 

 

(viii)

extending the opening hours and playing live music would increase shouting, singing, fighting and damage to property;

 

 

(ix)

the premise was not large enough to absorb live music and noise would break out from the door which would allow access and ventilation as it would get very hot resulting in people being outside.  Recorded music was easier to control but could also be loud and at night noise seemed to magnify;

 

 

(x)

extending the alcohol licence would cause noise and litter to increase in the early hours.

 

Members considered the representations made with respect to the cumulative impact policy and –

 

(g)

considered a relevant representation had been made;

 

(h)

it was anticipated that the application as applied for would add to the problems of crime and disorder and public nuisance in this area.

 

Having considered all the evidence members did not believe the applicant had demonstrated within their operating schedule there would be no negative cumulative impact on the prevention of crime and disorder objective and/or the prevention of public nuisance objective if granted as applied for.

 

The Committee agreed that having taken into account all of the above representations the variation application be determined as follows:

 

(1)

the application to remove condition no. 4 of Annex 2 – Conditions agreed with the Police Licensing Authority, Protection of Children from Harm as follows: no person under the age of 18 shall be permitted entry to the premises after 9pm is granted and in place will be the following condition; ‘Accompanied children (under18) will only be allowed on the premises between the hours of 0900 and 2100 except until 23.30 for private functions;

 

(2)

live music (indoors) is granted until 11pm Monday to Sunday;

 

(3)

recorded music (indoors) is granted until 11pm Monday to Sunday;

 

(4)

anything of a similar description to that falling within (e), (f) or (g) (indoors) is granted until 11pm Monday to Sunday;

 

(5)

provision of facilities for making music (indoors) is granted until 11pm Monday to Sunday;

 

(6)

provision of facilities for dancing (indoors) is granted until 11pm Monday to Sunday;

 

(7)

provision of facilities for entertainment of a similar description to that falling within (i) or (j) (indoors) is granted until 11pm Monday to Sunday;

 

(8)

late night refreshment (indoors and outdoors) is refused;

 

(9)

the supply of alcohol for consumption on the premises is refused;

 

(10)

the application to vary the hours the premise is open to the public is refused;

 

(11)

subject to mandatory conditions contained in the Licensing Act 2003, conditions consistent with the applicants operating schedule and conditions 1 to 5 recommended by Environment and agreed by the applicant.

 

Supporting documents: