Agenda item

PORTERS 20-21 LOOE STREET, PLYMOUTH - VARIATION OF PREMISES LICENCE

The Director for Place will submit a report regarding a variation of premises licence in respect of Porters, 20-21 Looe Street, Plymouth.

 

Minutes:

The Committee having –

 

(i)

considered the report from the Director for Place;

 

(ii)

heard from the DPS on behalf of the premises licence holder that:

 

·         He has been a publican for nine years, is an experienced landlord and employs experienced staff.

·         He was applying for the variation because people were now coming out later in the evening and therefore he needed an extension to accommodate that. He stated that he didn’t very often have live music and does not and will not have recorded music in the garden.

·         He explained the level of acoustic insulation that had been put in the function room to prevent noise escape. The room has no windows and only has an emergency exit so there would be no noise escape.

·         He had taken advice from the responsible authorities when he prepared his operating schedule and believed the conditions put forward would address any potential problems.

·         There have been no reported problems within the last 14 months since he has been taking steps to address issues which existed when he first took over the pub.

·         He doesn’t encourage patrons to use the outside area

·         He uses door staff on a risk assessed basis and uses the night net radio system.

 

(iii)       considered written representations under the licensing objectives as detailed below from a local resident:

 

Prevention of Crime and Disorder

 

At present the premises has live music until 11pm on a Sunday and the noise from patrons can be heard for 40 minutes after the music has stopped. If the hours were extended until 11.30pm this disturbance would continue until after midnight. This was considered to be relevant however the committee considered that condition three of the operating schedule would address any potential problems but also noted that the premises opening times were not altering and they were already authorised to remain open until 12.30am every day.

 

Prevention of Public Nuisance

 

The effect of the function room serving alcohol until 11.30pm will increase noise levels up to and past midnight. The noise disturbance is not acceptable with loud live music going on until 11pm and then crowds leaving and hanging around premises smoking and shouting. If the hours are extended until 11.30pm the noise of people in the street will extend until after midnight.  This was considered to be relevant. The committee took account of the acoustic measures put in place and the fact that there were no windows and only an emergency exit within the function room. The committee considered that the conditions within the operating schedule would address the concerns raised however they were concerned that condition 1 within the proposed operating schedule was not specific enough as it stood and therefore it was appropriate to amend that condition as follows:

 

1.    The premises licence holder or nominated person will assess the impact of any noisy activities on neighbouring premises at the start of regulated entertainment and periodically throughout regulated entertainment. To prevent entertainment being intrusive, noise emanating from the premises will not be distinguishable above other background noise one metre from the façade of the nearest residential property.

 

Protection of Children from Harm

 

No representations were received under this licensing objective.

 

Public Safety

 

No representations were heard – the representation listed by the party under this heading was not relevant to this licensing objective but was instead dealt with under the Prevention of Public Nuisance objective above.

 

The committee agreed that having taken into account all that was said by the Designated Premises Supervisor and the written representation from the other party, the variation application would be granted subject to the mandatory conditions with the Licensing Act 2003 and conditions consistent with the applicant’s operating schedule subject to the amendment to condition one within the proposed operating schedule as follows:

 

1.    The premises licence holder or nominated person will assess the impact of any noisy activities on neighbouring premises at the start of regulated entertainment and periodically throughout regulated entertainment. To prevent entertainment being intrusive, noise emanating from the premises will not be distinguishable above other background noise one metre from the façade of the nearest residential property.

Supporting documents: