thanks john all my other apps work with the ringer on mute and can hear sound seems bit strange the app not programmed the same unless the app come under game audio. The reason being I don't won't to hear notifications when watching a video or film anyway thanks it working but not as I expected

When you mute your iPad, you won't hear these sounds:
Alerts
Notifications
Sound effects
Game audio

You'll still hear sound from your media, such as these:
Music
Podcasts
Movies
Videos
TV shows