·         The application does not fall within the Council’s Cumulative Impact Area therefore there is no added fear of disorder with regards to the catering van

·         The van will be situated very close to the police station

·         the applicant has considerable experience working in this type of business and has worked in Union Street for many years without problem.

·         Has experience on how to manage busy periods by making sure that the vans are staffed properly to operate a very quick service

·         if there were queues of rowdy drunk people waiting for food they would be served as quickly as possible to get them away and that they would be served within a couple of minutes of ordering

·         hot drinks are not sold so that people do not stand around the van

·         that there is CCTV fitted in the van which has 2 cameras running

·         there is a fully charged mobile phone in the van for use in emergencies

·         will use batteries on-board the van and LPG gas rather than use a generator to cut down problems of noise

·         do not play music at the van so do not feel that there will be additional noise levels from people at the van as it would be just the same noise as occurs there

·         would be willing to sponsor a couple of bins further down the road from the van to deal with litter and will ensure that there is no litter on site when leaving for the night

·         will do litter inspections every hour or more frequently if necessary whilst open

·         will check around the establishment at Regent Court, 280 meters away to ensure no litter has been thrown around there.

·         The van will be parked adjacent to a brick wall which is not an obstruction to the exit of the car part and people will not be forced to walk on the road.

·         The car park is not in use when trading

·         LPG gas bottles are in a secure cabinet attached to the van and are regularly checked  - there would be no oil residue left around the area

·         The applicant holds a food safety rating of 5 from Plymouth City Council

·         The application was made as there was a need for  more work for current staff

·         Students need more food outlets so they don’t need to go home and put frying pans on

·         There is no trouble at the present van operated by the applicant  and  staff move people on quickly

·         Trained staff to help people

·         There will be jobs created if the application is granted

a)        Prevention of Crime and Disorder

            Heard from Devon and Cornwall Constabulary that:

·         The officer met with Mr Hamilton and discussed sites and  made it clear the site would be an issue before the application was made

·         The proposed location  ...  view the full minutes text for item 99.

The Committee having –

(i)            Considered the report for the Director for Place;

(ii)          Heard from the applicant both in written and verbal submissions that:

·            The application was for a seafront café with art gallery below and associated artist studios

·            They have accepted the conditions proposed by the Environmental Health Officer

·            They will run the current café and extend the service to serve alcohol with sandwiches and meals and it is not  intended to run the premises as a pub

·            Live music was applied for indoors and outdoors

·            They do appreciate the concerns about the noise concerning the salsa event but have agreed to the restrictions imposed by Environmental Health Officer

·            Have made arrangements to record the noise levels of the salsa music at a friend’s premise in Grand Parade

·            Was happy to provide the residents with their contact numbers if noise levels rose

(iii)         Heard representations (both written and verbal) under the licensing objectives as detailed below:

a.    Prevention of Crime and Disorder

                        No representations have been received from Devon and Cornwall Constabulary.

b.    Public Safety

                        No representations.

c.    Public Nuisance

                        Heard from other parties (written and verbal submissions) that:

·           The site is a small site, situated above the sea with access to the foreshore by way of steep, deep narrow steps and there are concerns for safety and accidents and potentially with people jumping into the sea

·           Considered that the café was a credit to the city but does not want to see it turned into a pub with the granting of the licence

·           There was no quarrel with applicant and felt the café was well run but did not want to the change the character by the granting of any licence and that if a licence was to be granted that it should particularly contain the condition number 6 contained in the conditions put forward by environmental health

·           The main concern about the premises related to the noise which is  amplified due to the geography where the café is sited by the sea

·           The noise from salsa performance has caused a nuisance in the past particularly the tone and the beat of the salsa music

                 The Committee considered this representation relevant but will be addressed by the conditions put forward by the applicant and also agreed by the applicant with Environmental Health Officers.

d.      Protection of Children from Harm

                 Considered the written representation from the Safeguarding Business Unit that:

·            They had agreed with the applicant that a condition would be added to the licence around the collection of glasses to prevent the possibility of partly left alcohol being consumed by the under aged

·            That they had agreed with the applicant that a condition would be included that films would be censored before screening to ensure that they are suitable for children to view and for a condition to be added to the licence to deal with this (Every poster, advertisement, photograph, sketch, synopsis or programme relating to a film (other than a current news-reel) exhibited, or to  ...  view the full minutes text for item 100.