(i)

considered the report from the Director for Place;

(ii)

heard that Devon & Cornwall Police had agreed conditions with the applicant;

(iii)

heard representations from interested parties and considered written representations;

(iv)

heard from the applicant’s legal representative that:

• There had been no representations from any responsible authority;
• The representations received relate in the main to problems perceived to be occurring in the vicinity which cannot be linked to the applicant;
• Criticisms are directed at existing premises however none of these premises have been subject to review or variation in order to deal with any issues;
• The representations do not consider how the proposed conditions can alleviate any concerns;
• The area is not subject to the cumulative impact policy of the Council;
• Some of the representations appear to have been encouraged by owners of existing premises who may  not wish to face competition;
• Despite the name of the premise it is not only an outlet to serve alcohol it is a convenience store which sells alcohol and the overall shelf space reflects that food, newspapers, snacks and general sundry items are the main focus of the goods on offer and a large plan was provided;
• All point of sale terminals have till prompts that keep a record of ID checks having taken place and Challenge 25 will be applied to all customers;
• The applicant is an experienced personal licence holder whose other ‘Bargain Booze’ outlet is an integral part of the Plympton community and he is committed to upholding the licensing objectives;
• There is an incentive scheme whereby a reward of up to £500 is provided to any member of the public who passes on information relating to alcohol being sought by adults on behalf of minors;
• Bargain Booze is a franchise type operation and this franchise could be lost by the applicant should he commit a criminal offence relating to the Licensing Act 2003;
• CCTV systems will be operational prior to the proposed store opening;
• There should be careful scrutiny of the motives of individuals raising concerns in relation to demand;
• The applicant does not believe that the licensing objectives would be undermined by the grant of this application, if subject to the conditions presently suggested and any other conditions the committee consider are appropriate and proportionate to the premise;

(v)

considered representations under the licensing objectives as follows:

a)

Prevention of Crime and Disorder –

Groups of young people congregate around the existing shops and it will encourage local youth gangs to frequent and loiter in this area; This was considered to be relevant but cannot be associated with this premise.

There is already drinking on the playing fields and in the shopping area causing problems of noise and vandalism and makes elderly residents fearful; This was considered to be relevant but cannot be associated with this premise.

A local resident has been approached by youths to purchase alcohol for them and this will escalate; This was considered to be relevant but  ...  view the full minutes text for item 47.

(i)

considered the report from the Director for Place;

(ii)

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

(iii)

Heard from the applicant that:

• CCTV cameras would be in all areas covering the car park and front of the road;
• He would collect rubbish and clean the areas as much as he could;
• There would be no under 18 year olds working in the trailer;
• He just wants to work and trade from the car park;

(iv)

considered representations under the licensing objectives as follows:

a)

Prevention of Public Nuisance –

Environmental Health say this premise is located within the cumulative impact policy area and there is the potential for the application to impact negatively on the cumulative impact already determined in the area.  They say the applicant has failed to address within their operating schedule suitable controls to prevent any negative cumulative impact on the prevention of public nuisance licensing objective.

They say there is the potential for an increase in noise levels from patrons using the mobile food vehicle that may disturb local residents.

An increase in existing noise levels due to the operation of equipment associated with the mobile food vehicle, such as a generator affecting local residents.

An increase in levels of litter and spilled food waste from patrons in the vicinity.

An increase in levels of grease and by-products of cooking in the immediate vicinity.

They refer to a report produced in October 2010 titled ‘Plymouth Customer Data Integration Project:Upload of Survey data-initial findings.  The findings of this survey indicated that the residents were unhappy about anti-social behaviour in their neighbourhood and that the residents have been affected by the saturation of takeaways in the North Hill area.

The Environmental Health department has historically received a number of complaints regarding mobile food outlets in the area causing noise disturbance due to the operation of the equipment associated with the mobiles, such as the generator.  They say there is a likelihood of odour nuisance from cooking smells affecting the residential properties in close proximity to the premise.

They recommend that this application is refused.

b)

Prevention of Crime and Disorder –

Devon & Cornwall Police identify that the premise is located in a cumulative impact area and said there was an increase in crime levels within this cumulative impact area.  Their evidence showed that the majority of crime in this area occurs between  10pm and 6am and cannot be attributed to individual premises.  The peak time for all crime is between 3am and 4am particularly on Wednesday, Thursday, Friday and Saturdays.

They say if the licence is granted people who attend the van are likely to have been drinking, will consume their purchase in the vicinity of the premise in a public place and this is likely to impact on levels of violence and disorder reported.

A statement was provided by Mr Prout an Alcohol Licensing Officer which showed that from  ...  view the full minutes text for item 48.