(a)

considered the report from the Director for Public Health;

(b)

heard from the applicant that:

·          

the premises have been licensed for the last 16 years. The current Premises Licence Holder took over a couple of years ago. As far as they are is aware there have been no major incidents at the premises and it is a safe place to be;

·          

they have had a handful of complaints recently with regards to noise from music. These complaints have mainly come from the Hooe and Down Thomas area as the music noise was carrying across the water. The applicant has been in contact with Environmental Health to address these problems. The condition put forward by Environmental Health means there will be a noise reduction between 11pm and 1am so that no music is audible between those times, therefore there shouldn't be any problems for local residents. Environmental Health have said they will do some live monitoring of the music;

·          

they do not want to cause problems for local residents and disturb their sleep;

·          

the applicant has joined the Best Bar None scheme to make sure the business gets support it needs to ensure they comply with the licensing objectives;

·          

live music: there is no intention to use the new hours 7 days a week. The varied licence will just provide flexibility. They usually only have live music on most Sundays and twice a month on a Saturday;

·          

off sales: this is purely required so that they can sell Plymouth Gin from a modified horse box. They have obtained funding from Plymouth Gin to install a Plymouth Gin bar within the premises. The idea is that their customers can try the various offerings of Plymouth Gin and then buy a Plymouth Gin Box or something along those lines. Tourists are the target customers and it will not be priced so that young people could buy it and then go and drink it on a park bench. They will be selling nice bottles of spirits. They do not require such long hours to do this and envisage sales taking place in the afternoon into the evening. They would be happy to have the hours cut accordingly and a cut-off point of 9pm would be acceptable;

·          

they are a business operating in tough times and this has necessitated the variation to the licence. As a lot of people come to events late in the evening, arriving between 9 - 10pm, the variation of hours provides an additional trading period and will make events more cost effective;

·          

the business' customer target is the middle aged group. With this in mind they do not believe their clientele would be causing the anti-social behaviour being complained of or envisaged by local residents. Also, they do not believe that their customers use the fore shore;

·          

most promoted events are ticketed;

·          

their experience is that once the music stops then most people leave the premises;

·          

with regards to litter concerns, when non-glass drinking vessels are used these are shortly to be branded with The Terrace name. Therefore it will be easy to see whether any litter comes from the premises. When the branded non-glass drinking vessels are introduced, the premises will run a deposit scheme whereby customers will pay a deposit which will be refunded on the return of the drinking vessel;

·          

staff carry out a clean-up of litter in the immediate area of the premises in the evening and then again in the morning (including paths to and from the premises);

·          

in response to questions about anomalies in the conditions within the operating schedule:

o    

all mention of Challenge 21 or Challenge 25 should be Challenge 25; Challenge 21 should be deleted;

o    

the mention of goods delivery time should read 'between 8am and 4pm';

o    

the door staff condition should only apply when they have promoted events as they don’t need door staff at other times;

o    

the conditions that make reference to plastic drinkware should again only relate to promoted events;

o    

the condition relating to 'no admissions or re-admissions' should read that this will apply from 11pm;

(c)

heard from the local residents association and considered their verbal and written representation, as follows:

·          

there will be noise from late night music; bass carries and is an issue from time to time. This was considered to be relevant under the prevention of public nuisance licensing objective.

The committee were satisfied that the condition agreed with Environmental Health when taken with the amendment (shown below) to condition a) in the applicant's proposed conditions at appendix 2 of the report, would address the concerns raised and would be sufficient to promote the licensing objective.

i.          Condition a) of the proposed conditions be amended so that after the words 'Keep noise pollution to a minimum', the words 'where possible' are deleted.

·          

There would be noise from clients leaving the premises in a rowdy manner late at night.

This was considered to be relevant under the prevention of public nuisance licensing objective.

The committee were satisfied that the proposed conditions put forward in the applicant's operating schedule were sufficient to address the concerns and promote this licensing objective. The committee had accepted what the applicant said with regards to the premises customer base, signage about respecting local residents, that there would be door staff for promoted events, and that the applicant was willing to work with Environmental Health to avoid creating problems for local residents.

·          

The addition of off sales would encourage rowdy behaviour along foreshore and the park.

This was considered to be relevant under the crime prevention licensing objective.

The committee, having taken into account the applicant's confirmation of the timings and type of sales this licensable activity was required for, considered that the following conditions would be appropriate to address the concerns raised and promote this licensing objective:

i.          The hours for off sales be limited to take place between 10am and 9pm, Monday - Sunday

ii.         Off sales be limited to sales of Plymouth Gin in their original sealed containers, from one dedicated location within the premises

·          

There may be an increase in the volume of litter and anti-social behaviour in and around the foreshore and the park. Litter is harmful to marine life and there are areas of scientific interest in the vicinity.

This was considered to be relevant under the crime prevention licensing objective.

The committee considered that the proposed conditions in Appendix A and the new condition below were sufficient to address the concerns raised and promote the licensing objective. In creating this new condition, the committee had taken into account what was said by the applicant with regards to branded non-glass drinkware:

i.          By the 20 October 2019, when disposable non-glass drinking vessels are used, they must be branded so as to identify the premises.

·          

There was a risk to public safety due to inebriated people being next to the sea.

This was considered to be relevant under the public safety licensing objective.

The committee, however, accepted what was said by the applicant about his clientele's use of the area. It also noted that there had been no concerns raised by the Police or any other responsible authority in this regard and therefore did not consider that this was a matter which needed addressing within the licence.

·          

The following representations were not considered relevant and were not taken into account in decision making as they do not relate to any of the licensing objectives:

•           Granting the application would change the character of the area and there are plenty of late night drinking venues on the Barbican

•           If done properly the Café would create a European type atmosphere

·          

condition a) of the proposed conditions be amended so that after the words 'Keep noise pollution to a minimum', the words 'where possible' are deleted;

·          

all mention of Challenge 21 or Challenge 25 should be Challenge 25; Challenge 21 should be deleted;

·          

the mention of goods delivery times should read 'between 8am and 4pm';

·          

any condition relating to door staff shall only apply when the premises have promoted events;

·          

the conditions that make reference to plastic glass wear should again only relate to promoted events;

·          

'There shall be no admissions or re-admissions to the premises after 11pm';

·          

the conditions which reads that 'All drinks shall be served in plastic/paper/toughened glass or polycarbonate containers during the following events or occasions:' the words 'TBA.TBA hours' be deleted and replaced by the words 'All promoted events'.

1.

off sales be limited to sales of Plymouth Gin in their original sealed containers, from one dedicated location within the premises;

2.

by the 20 October 2019, when disposable non-glass drinking vessels are used, they must be branded so as to identify the premises;

1.

The hours for off sales be limited to take place between 10am and 9pm Monday - Sunday