The Licensing Sub Committee of Plymouth Council met to consider a variation to a premises licence, and to deal with other standard business. The main item for discussion was the application from Jack Fry to vary the premises licence for the Plymstock Inn, 88 Church Road, Plymstock. The report pack included the application and objections to it.

Variation of Premises Licence - Plymstock Inn

Jack Fry applied for a variation of the premises licence for the Plymstock Inn, 88 Church Road, Plymstock. The proposed variation involved replacing all conditions in Annex 2 and 3 of the existing licence with new conditions. All existing licensable activities and opening hours were to remain the same.

The report pack noted that:

The majority of the conditions in annex 2 are outdated and would require an update however the removal of condition S177A(4) of the Licensing Act 2003 in annex 3 which was imposed at a review hearing on 4th April 2017 will therefore mean that any new or existing conditions applied in relation to entertainment and public nuisance will no longer apply between the hours of 08:00hrs and 23:00hrs for the licensable area (Inside and out). This will also mean that the current outside area conditions would no longer apply.

Representations regarding the application were received from Plymouth City Council Environmental Health Officer and local residents.

Current and Proposed Licensable Activities

The report pack included a table of the current licensable activities at the Plymstock Inn, and confirmed that no changes to licensable hours were being requested. The licensable activities are:

• Indoor sporting event
  • Sunday to Wednesday 08:00 to 00:00
  • Thursday to Saturday 08:00 to 01:00
  • Non Standard Timings: New Year's Eve: 0800hrs to 0800hrs New Years Day
• Live Music (Indoors and Outdoors)
  • Monday to Sunday 08:00 to 23:00
  • Non Standard Timings: Christmas Eve Until 0100hrs. New Year's Eve: 0800hrs to 0800hrs New Years Day
• Recorded Music (Indoors & Outdoors)
  • Monday to Sunday 08:00 to 23:00
  • Non Standard Timings: Christmas Eve Until 0100hrs New Year's Eve: 0800hrs to 0800hrs New Years Day
• Anything of a Similar Description to that falling within (e) (f) or (g)
  • Monday to Sunday 08:00 to 23:00
  • Non Standard Timings: On Christmas Eve to 01:00hrs New Year's Eve: 0800hrs to 0800hrs New Years Day
• Late Night Refreshment (Indoors)
  • Monday to Wednesday 23:00 to 00:00
  • Thursday to Saturday 23:00 to 01:00
  • Sunday 23:00 to 00:00
  • Non Standard Timings: Christmas Eve to 01:00hrs New Year's Eve: 0800hrs to 0800hrs New Years Day
• Supply of Alcohol for consumption On & Off the premises.
  • Sunday to Wednesday 08:00 to 00:00
  • Thursday to Saturday 08:00 to 01:00
  • Non Standard Timings: Christmas Eve to 01:30hrs New Year's Eve: 0800hrs to 0800hrs New Years Day
• Hours premises are open to the public
  • Sunday to Wednesday 08:00 to 00:30
  • Thursday to Saturday 08:00 to 01:30
  • Non Standard Timings: Christmas Eve to 02:0hrs New Year's Eve: 0800hrs to 0800hrs New Years Day

Conditions to be Removed

The report pack included a list of conditions to be removed from Annex 2 of the existing licence. These included general conditions relating to the supply of alcohol, steps taken to promote the four licensing objectives¹, and specific conditions related to the use of the outside seating area.

The conditions relating to the use of the outside seating area were:

• After 21.00hrs no drinks are to be taken outside to the outside area and no consumption of drinks to occur after 21.30hrs. The area to be closed to patrons at 22.00hrs
• A sign is to be placed in the outside rear area specifying that no drinks are to be taken into this area after 21.00hrs. The area to be closed to patrons at 22.00hrs.
• After 21.30hrs noise levels in outside areas are to be monitored and controlled to minimise any potential impact on local residents.

The report pack also listed conditions applied in accordance with Section 177A(4) of the Licensing Act 2003 relating to noise nuisance. These included:

• The performance of regulated entertainment will cease by 23.00hrs.
• 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 (including the Juke Box) is channelled through the device(s). The maximum noise levels be set by agreement with the Environmental Health Service and will be reviewed from time to time as appropriate. The noise limiting device must be fully functional and in proper working order at all times during performance of live and recorded music. If the noise limiting device breaks down the council's Environmental Health Service must be informed as soon as reasonably practicable and in any event within 24 hoursof the device breaking down. Equipment failures shall be repaired or replaced as soon as is reasonably practiable and without undue delay.No performance of live and recorded music shall proceed if the noise limiting device is not in proper working order.
• All doors and windows shall be kept shut during regulated entertainment.
• All doors and windows shall be maintained in good order and where appropriate acoustically sealed to minimise noise breakout
• Noise emanating from the premises must not be heard above background levels 1 metre from the facade of the nearest residential property.
• The performance of regulated entertainment will be limited to a maximum duration of three hours inclusive of any breaks.
• The performance of regulated entertainment will be limited to two sessions per week.
• The PLH shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of regulated entertainment. This person will also be responsible for instructing performers on the restrictions and controls to be applied.
• The PLH or nominated person shall carry out observations in the residential streets surrounding the public house on at least 30 minute intervals whilst live music, karaoke or DJ's playing recorded music is taking place to establish whether there is a noise breakout from the premises. These checks must be documented.
• The PLH or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises or any car-park. and asked to leave the vicinity quickly and quietly.
• The PLH or nominated person shall be available at all times during regulated entertainment and who is responsible for co-operating and liaising with any relevant responsible authority. A contact telephone number will be made available to local residents to contact the nominated person.

Proposed New Conditions

The report pack also listed the proposed new conditions for the premises licence. These were divided into sections on the prevention of crime and disorder, protection of children from harm, and public nuisance.

The proposed conditions for the prevention of crime and disorder included:

• All staff engaged in licensable activity at the premises will receive training and information in relation to the Challenge 25 scheme², the hours and activities permitted by the premises licence, how to complete and maintain the refusal register, recognising the signs of drunkenness, the operating procedures for refusing service, and action to be taken in the event of an emergency.
• Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 6-month intervals. Training records shall be made available for inspection.
• An incident book shall be maintained to record any activity of a violent, criminal, or anti- social nature.
• The Premises Licence Holder or Designated Premises Supervisor shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for the refusal.
• The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner's Office (ICO) guidance document regarding installation of CCTV is provided at the premises.
• Images shall be retained for a minimum of 31 days
• At all times the premises are open for business a member of staff shall be present who is capable of operating the CCTV system and downloading images at the request of police or other authorised officer

The proposed conditions for the protection of children from harm included:

• There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25 proof of age requirement.

The proposed conditions for public nuisance included:

• Between the hours of 23:00 and 08:00 there must be total sound containment within the premises.
• After 23:00 no drinks are permitted in the outside areas. After 23:00 the outside area can be used for smoking only.
• Signage will be present in the outside area notifying patrons that they must not cause unreasonable disturbance to any nearby residential properties.
• Any patrons found to be causing unreasonable disturbance in the outdoor area will be ejected from the premises.
• Suitable receptacles must be provided for smoking related litter.
• Suitable signage at all relevant exits requesting that patrons make as little noise as possible when leaving the premises shall be displayed.
• A senior member of staff (manager) will assess the impact of all activities taking place after 23:00.

Representations

The report pack included a representation from the Unit Manager, Public Protection Service, Environmental Health, stating that they considered the application to undermine the licensing objective for the prevention of public nuisance. They recommended alternative conditions to those suggested by the applicant, including:

• The children's play area is to be closed to all customers at 19:00.
• No drinks are to be taken outside after 21:00 Sunday - Thursday and 21:30hrs on Friday and Saturday.
• The outside seating area to be closed to patrons at 21:30 Sunday- Thursday and 22.00hrs on Friday and Saturday.
• Signage is to be placed in the outside rear area specifying that no drinks are to be taken into this area after 21:00 Sunday - Thursday and 21:30hrs on Friday and Saturday. The area to be closed to patrons at 21:30 Sunday- Thursday and 22.00hrs on Friday and Saturday. Please keep noise levels to a minimum to respect nearby residential properties. Any customer causing a disturbance will be asked to leave.
• Any patrons found to be causing unreasonable disturbance in the outdoor area will be ejected from the premises.
• Suitable receptacles must be provided for smoking related litter.
• Between the hours of 23:00 and 08:00 there must be total sound containment within the premises.
• After 21:00 hours all music, including background music is prohibited in the outside areas.
• The performance of regulated entertainment will cease by 23.00hrs.
• No regulated entertainment will take place until a noise limiting device is fitted.

The report pack also included five representations from local residents, raising concerns about the potential for increased noise and disturbance if the application were to be granted. The residents raised concerns including:

• The impact on vulnerable people, including children and elderly residents of a nearby care home.
• The playing of loud music in the outdoor area, sometimes after the hours permitted by the existing licence.
• The potential for increased noise and disturbance from patrons leaving the premises late at night.
• A lack of awareness of the existing licensing conditions among the premises' staff.

One resident stated that they had experienced hostility from a previous licensee following a licence hearing they attended.

Other Matters

The committee was also scheduled to:

• Appoint a chair and vice-chair for the meeting.
• Receive apologies for absence.
• Receive declarations of interest from members.
• Consider any items of urgent business brought forward by the chair.
• Consider passing a resolution to exclude the press and public from the meeting for any items of business that were likely to involve the disclosure of exempt information.