Agenda and minutes

To appoint a Chair for the meeting.

Councillor Newby was appointed Chair for this meeting.

Councillors are reminded of the need to declare personal and prejudicial interests, including the nature and extent of such interests, in relation to business on the agenda, before any discussion takes place on the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

No declarations of interest were made by Members.

To consider the report of the Head of Environmental Health Services.

(Report circulated)

In attendance:

Applicant for a Review

Ms Lisa Cocks                        : Representing Exeter City Council

Also present

Mr J Tsouris    : Flat 4, 126a Fore Street, Exeter

Mr C Nathan    : 126a, Fore Street, Exeter

Ms K Tree       : Landlady and Interested Party

Representing VIVO

Mr D Forbes    : Designated Premises Supervisor, Vivo (on behalf of Premises licence holder Charles Gordon Ltd.)

Mr O Clark      : Business Partner, Vivo

Mr N Carpenter : Future Technical Solutions (Acoustic Consultant)

The Chair introduced the Sub Committee Members and Officers.

Lisa Cocks advised that since January 2008, complaints relating to loud music from the Velvet Lounge had arisen from 6 different properties within the area.  Additionally, a complaint had been received from a landlord of properties affected by the noise. Following complaints to Environmental Health, an investigation had been carried out into the allegation of late night music noise from the Velvet Lounge. She was of the opinion that a statutory noise nuisance had existed and was likely to recur. 

A call had been received via the Community Patrollers on 21 November 2008 and a visit had been made by them to a nearby resident where loud music had been verified from within the premises.  A request to reduce the noise from within the building had been complied with. Calls alleging noise disturbance had also been received on 29 November 2008 at approximately 01.32 and 03.00, but had not been attended as staff were off duty.

On 19 December 2008, officers from the Environmental Protection Section had met with the new Designated Premises Supervisor of the premises, Duncan Forbes, to discuss the issues relating to noise.  A general discussion regarding the use of the first floor of the building as a venue for amplified music had taken place. There were concerns regarding the structure of the building, in particular a flat roof to the rear of the DJ area on the first floor, where there was potential for the break out of noise. Following this meeting, draft conditions had been agreed and the DPS gave contact numbers which could be reached in the event of a complaint. The draft conditions were:

1.      A person shall be designated in writing by the DPS to deal with any issues regarding nuisance or disturbance. This designated person shall be available for contact, via a specified telephone or mobile phone number, at any time whilst any licensable activity is provided. The designated person shall investigate every complaint made. A written or electronic record shall be kept of the time, details of the complaint and outcome of the complaint. This record will be kept in a legible form for a period of not less than 12 (twelve) months and made available on request of an authorised officer.

2.      There shall be no public address system, tannoy or other amplified sound system used, unless routed through a suitable noise limiter.  Full details including set levels and operating instructions of the noise limiting device installed in the premises shall  ...  view the full minutes text for item 3.

To pass the following resolution:-

“RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for item 5 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A of the Act.”

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act.

To consider the report of the Head of Environmental Health Services.

(Report circulated to Members)

The Principal Licensing Officer presented an application to renew a consent to street trade for a period of twelve months in Castle Street (adjacent to High Street), Exeter, which was a designated consent street under the provisions of the Local Government Act 1982.

Mr P had held previous consents to trade in Castle Street since 2006 and he had applied for consent to trade for a further twelve months. The proposed method of trading had not drawn any adverse comments from the Environmental Health Department that dealt with food safety issues.

Mr D was seeking to trade from Sunday to Saturday between the hours of 19.00pm until 03.30am. He proposed to use a van as he had in previous years for the sale of hot food take-aways.

Mr P did not attend.

RESOLVED that the consent be granted for a period of 12 months, subject to the addition of a recommendation that the operator move towards the use of bio-degradable products wherever practical.

(Report circulated to Members)