Agenda and minutes

Licensing Sub Committee - Tuesday 13 December 2011 10.00 am

Venue: Council House, Plymouth (next to the Civic Centre)

Contact: Ross Johnston, Democratic Support Officer  Email: ross.johnston@plymouth.gov.uk

Items
No. Item

54.

APPOINTMENT OF CHAIR AND VICE-CHAIR

The Committee will appoint a Chair and Vice-Chair for this particular meeting.

Minutes:

Agreed that Councillor Browne is appointed as Chair and Councillor Rennie appointed as Vice Chair for this meeting.

55.

DECLARATIONS OF INTEREST

Members will be asked to make any declarations of interest in respect of items on this Agenda.

Minutes:

There were no declarations of interest made by Councillors in accordance with the code of conduct.

56.

CHAIR'S URGENT BUSINESS

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

There were no items of Chair’s urgent business.

57.

GRANT OF PREMISES LICENCE - THE CHIP STOP, 31 WATERLOO STREET, PLYMOUTH pdf icon PDF 3 MB

The Director for Community Services will submit a report on the grant of a premises licence.

Additional documents:

Minutes:

The committee having –

 

(a)

considered the report from the Director for Community Services;

 

(b)

considered representations from interested parties;

 

(c)

heard from the applicant that –

 

 

(i)

the longer opening hours requested would allow for future expansion, special events and internet sales and there was no intention to open the shop for longer hours;

 

 

(ii)

he lived above the premise and had no desire to contribute to nuisance, noise or anti-social behaviour;

 

 

(iii)

he was experienced in managing and training staff in alcohol sales and dealing with customers in off licence premises;

 

 

(iv)

he had agreed conditions proposed by the Devon and Cornwall Police;

 

 

(v)

there had been no other representations from responsible authorities;

 

 

(vi)

he was intending to maintain current shop opening hours and would be supplying own label organic wines to his current customer base at approximately £6 per bottle and there would be no beer, cider or alcopops stocked or retailed;

 

 

(vii)

customers would not drink in the street as they would take their wine away with their food;

 

 

(viii)

anti-social behaviour referred to related to customers of nearby pubs who consumed alcohol;

 

 

(ix)

The Chip Stop provided a rubbish bin and encouraged customers to use it and most customers took their food away to eat it and the Bakery nearby had a waste disposal bin and did everything appropriate to alleviate a litter problem;

 

 

(x)

the  noise from The Chip Stop was minimal and customers waited inside the shop;

 

 

(xi)

most customers did not drive to The Chip Stop, the street could be busy but this was mainly due to college use.  The Chip Stop customers only stayed for about 5 – 10 minutes and as the wine would be sold to the existing customer base he did not envisage an increase in traffic;

 

 

(xii)

young drinkers did not drink wine and the pricing would exclude them;

 

 

(xiii)

marketing and advertising of the alcohol would be to the existing customer base and the wine would be discretely displayed in a fridge behind the counter and so would not be a temptation to young people;

 

 

(xiv)

he had received a letter from a local resident in support of his application;

 

(d)

considered representations under the licensing objectives as follows –

 

 

(1)

Prevention of Public Nuisance –

 

 
  •  

customers from other licensed premises caused a steady stream of anti social incidents and were abusive when they had been drinking; this was considered to be relevant, however, there was no evidence to link this to these premises and having heard from the applicant members did not believe that this would be a concern in the future;

 

 
  •  

residents were already inundated with litter debris from packaging and tins sold and this would increase twofold.  Food litter had already encouraged rats and the extended hours would only serve to increase this; this was considered to be relevant, however, there was no evidence to link this to these premises and having heard from the applicant members did not believe that this  ...  view the full minutes text for item 57.

58.

VARIATION OF PREMISES LICENCE - JOINT CAFE BAR, 92 NORTH HILL, PLYMOUTH pdf icon PDF 5 MB

The Director for Community Services will submit a report on the variation of a premises licence.

Additional documents:

Minutes:

The committee having –

 

(a)

considered the report from the Director for Community Services;

 

(b)

considered the written representations;

 

(c)

heard from the applicant’s representative that –

 

 

(i)

the variation application had been amended, reducing the hours applied for and removing amplified music;

 

 

(ii)

the premise was family run with three family members and three other members of staff;

 

 

(iii)

he operated with door staff although there was no need for him to do so;

 

 

(iv)

there were several empty and boarded up premises and over the last 12 months had looked to expand the business;

 

 

(v)

a number of Temporary Events Notices (TENS) had been applied for in the last few months and takings had gone up several hundred pounds;

 

 

(vi)

during the operation of the TENS there had been no complaints received;

 

 

(vii)

in the past 12 months the Police had only been called to the premise once to deal with a drunk who had smashed a window;

 

 

(viii)

the Police often asked for the outside CCTV footage to assist with their enquiries;

 

 

(ix)

agreed to the conditions proposed by Environmental Health to prevent noise nuisance;

 

(d)

heard from a representative of Devon and Cornwall Police that –

 

 

 

(i)

there could be a negative impact on the prevention of crime and disorder licensing objective due to alcohol being sold until 1am as an increase in alcohol related violent crime and criminal damage could occur in the vicinity;

 

 

(ii)

there could be a negative impact on the prevention of public nuisance licensing objective due to alcohol being sold until 1am increasing the number of persons loitering late at night in the vicinity;

 

 

(iii)

there would be an increase in complaints regarding noise if regulated entertainment was provided until 1am;

 

 

(iv)

the premises lied within the cumulative impact zone and was surrounded by residential properties and the applicant did not provide sufficient detail to demonstrate how it would not have a negative effect on the licensing objectives;

 

 

(v)

if alcohol was sold until 1am this was likely to have an impact on the levels of violence and disorder reported.  The premises were very small and when busy could become hot making it necessary for people to open doors and windows or simply step outside;

 

 

(vi)

noise would be generated by those smoking outside the premises.  If seating was provided this would encourage people to remain outside and this would be difficult to manage;

 

 

(vii)

the applicant had failed to identify relevant conditions and had submitted proposals that did not effectively deal with all concerns;

 

 

(viii)

details were provided of a report regarding crime, violence and serious violence in North Hill/Tavistock Place and Sherwell Arcade for the period 01.08.08 to 14.11.11 indicating in the last 12 months violent crime in Sherwell Arcade had risen by 39.3% while the North Hill area as a whole saw a 10.7% reduction in violent crime;

 

(e)

heard from a representative of the Environmental Regulation Service that –

 

 

(i)

she had met with the  ...  view the full minutes text for item 58.

59.

GRANT OF PREMISES LICENCE - MARITIMO, HOE ROAD, PLYMOUTH pdf icon PDF 7 MB

The Director for Community Services will submit a report on the grant of a premises licence.

Additional documents:

Minutes:

The Committee having –

 

(a)

considered the report from the Director for Community Services;

 

(b)

heard representations from Environmental Health and Devon and Cornwall Police as detailed below under the relevant licensing objective;

 

(c)

heard representations from interested parties;

 

(d)

heard from the applicant’s legal representative that –

 

 

(i)

this application was for a bar and restaurant, primarily Spanish and was not intended to be a pub or a nightclub and would be food led;

 

 

(ii)

the applicant had negotiated a long lease and spent more than £200,000 on building works;

 

 

(iii)

outside areas would only be put to use when weather conditions permitted. Tables and chairs would be safely positioned and would be suitably staffed;

 

 

(iv)

it was envisaged entertainment would be limited to Spanish guitar music and a flamenco dancer;

 

 

(v)

the police conditions proposed were accepted subject to the removal of PASS accredited cards being acceptable identification.  There was to be an up to date CCTV system and the premises were to be fully staffed by experienced and trained employees;

 

 

(vi)

a number of conditions had been agreed with Environmental Health;

 

 

(vii)

the café and ice cream kiosks in the area above the premises were owned by the applicant and were not a source of trouble or a meeting place for rowdy youngsters;

 

 

(viii)

tombstoning was not relevant as nobody could tombstone from these premises and staff would monitor the outside areas and there was also CCTV coverage at all times;

 

 (e)

considered representations under the licensing objectives as follows –

 

 

(1)

Prevention of Public Nuisance –

 

 
  •  

Environment Health were concerned the premise was in close proximity to a residential area with the nearest residential property only 160m away.  They had received complaints from local residents concerning noise disturbance to local residents emanating from other businesses nearby use of their outside area.  They had recommended a number of conditions to promote the prevention of public nuisance licensing objective; 

 

 
  •  

the playing of music both indoors and outdoors was likely to cause a problem. A local resident said any live or recorded music and dancing outside would cause the same problems as they had already experienced with another premise;

 

 
  •  

sales of alcohol for consumption off the premises would result in more drunken behaviour.  The premise was located opposite West Hoe Park which was enjoyed by children.  In the past this had been the location for drunken and unacceptable behaviour and the close proximity of alcohol sales so close could exacerbate the problem;

 

 
  •  

there was limited parking and traffic noise via taxis was also likely to contribute to public nuisance;

.

 
  •  

patrons entering and leaving the premises would contribute to noise nuisance. Residents said they already suffered noise disturbance from patrons leaving another nearby premise late at night due to patrons calling to each other and from slamming car doors and this would further increase; 

 

 
  •  

residents were already regularly disturbed by drunks moving from the area of the Hoe late at night and this premise could  ...  view the full minutes text for item 59.

60.

EXEMPT BUSINESS

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

There were no items of exempt business.