(a)

considered the report from the Director for Community Services;

(b)

heard from the applicant’s legal representative;

(c)

heard from the applicant’s witnesses;

(d)

considered the representation made by a representative of Devon and Cornwall Police;

(e)

considered the representation made by a representative of Environmental Health;

(f)

considered the representations made by interested parties;

(g)

heard from the applicant’s legal representative that:

(i)

the outlet was to be fully staffed at all times normally by three persons all fully trained and holding Health and Hygiene certificates;

(ii)

signage would be provided reminding customers to dispose of any refuse in bins provided and not to litter;

(iii)

staff at regular intervals would clear any debris from the area and would clean the site and the immediate area at the close of business.  All debris and refuse would be removed for proper disposal;

(iv)

this additional outlet would reduce any queuing and disperse customers more quickly thus reducing the members congregating and any problems of disorder or nuisance in the area;

(v)

it was not correct to conclude that all customers would have been consuming alcohol.  The facility was aimed at late night workers, eg. taxi drivers and passing shift workers as well as those visiting entertainment establishments nearby;

(vi)

the position of the outlet was clearly discernable as adjacent to another similar unit but was nearer the main road;

(vii)

the generator used at the outlet was a new Honda, the quietest on the market, with a maximum decibel level of 57db;

(viii)

cooking smells were minimal. There were no complaints, so far as the applicant was aware, relating to the neighbouring outlet and so there was not anticipated to be any from this outlet. There were no residential properties in close proximity and any fumes there may be would be quickly dissipated by being close to the main road;

(ix)

there were SIA security staff very close by and there was good CCTV coverage of the area;

(x)

the additional facility would have no negative impact on any of the licensing objectives.  The applicant was not aware of any children being in the area during the late hours to be in any way adversely affected by a food outlet;

(xi)

no problems or complaints have been experienced whilst operating within the existing hours;

(h)

considered representations under the licensing objectives as follows;

(1)

Prevention of Public Nuisance –

there may be an increase in noise levels from patrons using the mobile food vehicle that may disturb nearby residents, particularly during the hours of midnight to 05.00am;

this was considered to be relevant;

there may be an increase in existing noise levels due to the operation of equipment associated with the mobile food vehicle, such as the generator, causing disturbance to nearby residents;

this was considered to be relevant;

there may be an increase in levels of litter, vomit and spilled food waste from patrons in the vicinity;

this was considered to be relevant;

there  ...  view the full minutes text for item 28.