(a)

considered the report from the Director for Place;

(b)

heard from a representative of Environmental Health that –

(i)

over the last few years complaints had been received from local residents relating to excessive noise from the premises which was surrounded by residential properties;

(ii)

the main complaints were from residents in Kent Road, but complaints from residents in Melville Road and Nepean Street had also been received;

(iii)

the complaints related to noise levels created inside the public house from live, recorded and karaoke music;

(iv)

management had made no attempts to reduce the noise levels and the windows and doors were left open during entertainment despite the conditions attached to their premises licence and despite advice and warnings being given by Environmental Health;

(v)

regulated entertainment had also taken place past their licensed hours and numerous breaches of licence conditions had been witnessed;

(vi)

the designated premises supervisor (DPS) had accepted a caution for unlicensed activities carried out on the 24 September 2011, 11 November 2011 and 19 November 2011;

(vii)

evidence of the noise complaints received was submitted in section 9 statement format from various environmental health officers who had visited the premises. This evidence was accepted by the premises licence holder (PLH) and also by the committee as showing that there had been a breach of the prevention of public nuisance licensing objective;

(viii)

additionally copies of anonymous noise diaries were submitted to the committee and these taken with the statements of the officers were accepted by the committee as showing breach of the prevention of public nuisance licensing objective;

(ix)

reference was made to the cleanliness of the premises whilst the previous DPS was resident;

this had not been taken into account by committee as the DPS had vacated the premises;

(x)

committee were made aware of the fact that letters had been written to the PLH and the DPS on various occasions outlining the problems that existed but that the PLH had not taken any action to address the issues with the management of the premises until the review proceedings were issued;

(xi)

the PLH had issued the DPS with notice to quit the premises by the 21 February 2012;

(xii)

the premises structure was not considered to be adequate to control noise levels. The building had single glazed windows and doors and some windows did not shut properly. The PLH indicated that they would be willing to install a noise limiter but would not want to replace the windows or carryout substantial works. Environmental Health were concerned that due to the structure of the building the noise limiter would have to be set at such a level that it would be unrealistic for the PLH to operate with it at such a level but that would only be able to be ascertained once a limiter was installed. It was suggested that no regulated live or karaoke entertainment be permitted at the premises until Environmental Health were satisfied that a suitable noise limiter was installed and levels set by agreement;

(xiii)

the problems with the premises were caused from Karaoke, live music and use of the Juke box when the music licence ceases. Environmental Health were of the opinion that the noise issues could be resolved if a suitable DPS was appointed who adhered to licensing conditions and a noise limiter was installed to control the noise levels. They considered that structural improvements, based on recommendations by a noise survey, may be required if noise limits were deemed unrealistic for the PLH. They suggested amended conditions be attached to the licence to address the problems and allow any future DPS to manage the noise levels effectively and these had been agreed with the PLH;

(c)

heard from the premises licence holder –

(i)

that notice to quit had been served on the DPS on the 24 January 2012 and the she had vacated the premises on the 21 February 2012;

(ii)

whilst GRS were the premises licence holder they could not incur expenditure without permission from Price Waterhouse Coopers who were the administrators;

(iii)

the PLH was willing to hold quarterly meetings with local residents to ensure that they had a mechanism for airing any concerns and they were happy for a condition to be attached to the licence to deal with this;

(iv)

the PLH was also willing to accept a condition that if a pub watch scheme was available in the area they would join it;

(v)

they accepted the conditions put forward by Environmental Health at the hearing;

(vi)

they explained that they were unaware of many of the problems that existed with regard to anti social behaviour until they were served with the review papers. They had not received the first letter from Environmental Health but on receipt of the second one they had started to address the problems of noise with the DPS;

(d)

heard from interested parties present and considered written representations under the prevention of public nuisance licensing objective that –

(i)

resident’s sleep was being disturbed by the karaoke nights at the premises. Noise from this activity had been audible in resident’s bedrooms at 12.45am which was past the hours within which the premises could operate. Noise was so loud that songs, lyrics and announcements from the PA system could be heard.  During the summer some residents were unable to have their windows open as the noise levels drowned out their TV/Radio;

(ii)

one resident wrote in their representation that there had been ongoing problems with the premises for 20 years and that they had concerns about the DPS’s ability to run the premises within the terms of the licence;

(iii)

doors and windows of the pub had been left open. The local ward councillor advised committee that she had witnessed noise from the pub and had been subjected to anti social behaviour. She further stated that there had been a problem with the use of the door on Kent Road but that the DPS had stopped that and that she had also moved music to the back of the pub. Also, in her opinion the windows of the premises were not suitable for music to be played and would benefit from double glazing;

the committee considered that this was relevant and were satisfied that this showed a breach of the public nuisance licensing objective. Committee were of the opinion that these problems were mainly due to bad management by the DPS but the conditions agreed with environmental health and the voluntary conditions offered by the PLH would prevent any future problems;

(iv)

residents complained of anti social behaviour such as users of the premises urinating up against resident’s front walls (the committee heard from the ward Councillor that she had witnessed this on one occasion) and also alleged that there was drug dealing taking place;

the committee considered that the allegation of drug dealing was not relevant as there was no evidence to support this. However the other issues of anti social behaviour were relevant but that again these were due to the bad management of the premises by the DPS and that as she had now left no further action was necessary;

(v)

noise from customers congregating was a problem with some being verbally abusive to passers by.  There is no suitable area for smokers and this had caused additional noise;

this was considered to be relevant however the committee considered that these problems were down to bad management by the DPS and that now that she had left no further action was necessary;

(vi)

a petition was received signed by 15 people which outlined (in addition to the noise problems referred to above) problems with getting their cars parked, dogs barking day and night, smelly chimney, rubbish and broken glass left in the gutter and damage to their cars. This was treated as one representation;

this was noted but was not considered to be relevant to the licensing objectives and could not be linked to these premises.

(1)

conditions agreed with Environmental Health:

(i)

no percussion instruments will be permitted as part of any entertainment set;

(ii)

no regulated entertainment will take place until a noise limiting device (the specification and design to be agreed with Environmental Health Service) is fitted so that all regulated, live, Karaoke and recorded music is channelled through the device(s). The maximum noise levels will be set by agreement with the Environmental Health Service and will be reviewed from time to time as appropriate;

(iii)

the Licence holder will ensure that the noise limiting device is sealed after commissioning, so that sound operators cannot override the system during the performance of live and recorded music;

(iv)

all regulated entertainment will go through the noise limiter;

(v)

the Juke Box must also be restricted and sealed after being set by agreement with the Environmental Health Service to ensure the level is restricted to background/incidental music after 11pm;

(vi)

the Licence Holder or nominated person will be available at all times during regulated entertainment and who is responsible for cooperating and liaising with police and other responsible authorities;

(vii)

a telephone number will be made available and displayed in prominent locations on the premises for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons associated with the premises. The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records will be made available for inspection either by authorised officers or Police throughout the trading hours of the premises;

(2)

conditions volunteered by the PLH:

(i)

that the PLH will ensure that the DPS joins any pub watch scheme that is operational in the area;

(ii)

thePLH will organise quarterly meetings with local residents to address any concerns and issues that may be relevant to premises.