The Committee having –

(i)            Considered the report for the Director for Place;

(ii)          Heard from the applicant both in written and verbal submissions that:

·            The application was for a seafront café with art gallery below and associated artist studios

·            They have accepted the conditions proposed by the Environmental Health Officer

·            They will run the current café and extend the service to serve alcohol with sandwiches and meals and it is not  intended to run the premises as a pub

·            Live music was applied for indoors and outdoors

·            They do appreciate the concerns about the noise concerning the salsa event but have agreed to the restrictions imposed by Environmental Health Officer

·            Have made arrangements to record the noise levels of the salsa music at a friend’s premise in Grand Parade

·            Was happy to provide the residents with their contact numbers if noise levels rose

(iii)         Heard representations (both written and verbal) under the licensing objectives as detailed below:

a.    Prevention of Crime and Disorder

                        No representations have been received from Devon and Cornwall Constabulary.

b.    Public Safety

                        No representations.

c.    Public Nuisance

                        Heard from other parties (written and verbal submissions) that:

·           The site is a small site, situated above the sea with access to the foreshore by way of steep, deep narrow steps and there are concerns for safety and accidents and potentially with people jumping into the sea

·           Considered that the café was a credit to the city but does not want to see it turned into a pub with the granting of the licence

·           There was no quarrel with applicant and felt the café was well run but did not want to the change the character by the granting of any licence and that if a licence was to be granted that it should particularly contain the condition number 6 contained in the conditions put forward by environmental health

·           The main concern about the premises related to the noise which is  amplified due to the geography where the café is sited by the sea

·           The noise from salsa performance has caused a nuisance in the past particularly the tone and the beat of the salsa music

                 The Committee considered this representation relevant but will be addressed by the conditions put forward by the applicant and also agreed by the applicant with Environmental Health Officers.

d.      Protection of Children from Harm

                 Considered the written representation from the Safeguarding Business Unit that:

·            They had agreed with the applicant that a condition would be added to the licence around the collection of glasses to prevent the possibility of partly left alcohol being consumed by the under aged

·            That they had agreed with the applicant that a condition would be included that films would be censored before screening to ensure that they are suitable for children to view and for a condition to be added to the licence to deal with this (Every poster, advertisement, photograph, sketch, synopsis or programme relating to a film (other than a current news-reel) exhibited, or to be exhibited at the premises, shall indicate clearly the category of the film)

                 The Committee considered this representation relevant.

Therefore it was agreed that having considered all of the above the licence would be granted subject to the mandatory conditions contained within the Licensing Act 2003, conditions consistent with the applicant’s operating schedule and conditions put forward by the applicant;

The conditions put forward by Environmental Health also to be added to the licence and  also to include the following condition to deal with the Safeguarding Business unit concerns -

Every poster, advertisement, photograph, sketch, synopsis or programme relating to a film (other than a current news-reel) exhibited, or to be exhibited at the premises, shall indicate clearly the category of the film.