(a)

considered the report from the Director for Place;

(b)

considered written representations and heard from a representative of Devon & Cornwall Police that the crime prevention objective was not being upheld as detailed below–

·          

between 1 April 2012 and 30 June 2013 there have been a total of 73 offences linked to Cuba of these 24 relate to violent offences, accounting for 35% of overall crime linked to the location (and during this period on at least three occasions glasses or bottles were used as weapons);

·          

ABH accounted for 12 offences (45% of all violence);

·          

Malicious Wounding x 5 offences (22% of all violence);

·          

s.20 GBH x 3 offences (14% of all violence);

·          

Drunk and Disorderly x 2 offences (9% of all violence);

·          

1 x Affray and 1x Common Assault;

·          

in all but one of the violent offences recorded for the location the offender was a stranger to the complainant;

·          

in 16 of the violent offences the offender was perceived as “in drink” by the complainant;

·          

in 6 of the violent offences the complainant has indicated that they were “in drink”;

·          

5 complainants specified that they were not in drink (all were staff/door staff at the premises);

·          

the majority of offenders linked to violent offences at the location are males (19 offences);

·          

the others were offences involving female offenders assaulting female complainants;

·          

there were 3 violent offences involving the use of glass/bottle recorded throughout the specified period;

·          

there have been a further 40 offences at the location that are not violence related, a majority of which relate to theft offences;

·          

theft offences account for 51% of all overall crime at the location (35 offences);

·          

following the research into the statistics a further offence involving a bottle was reported.  At about 1.40am on Friday 26 July 2013 the DPS of Cuba was on duty when a scuffle occurred in the downstairs bar, as he tried to deal with this he was struck on the back of the head by a male holding a bottle by the neck.  This caused a cut to the back of his head.  The incident was captured on CCTV;

·          

with this latest event this means that there have been at least four occasions where glasses or bottles were used as weapons;

·          

the Committee was told that it is now a police policy that where a premise has more than 2 incidents of violence involving the use of glasses or bottles as weapons that a premises should be required to introduce the use of plastic drinking vessels and bottles;

·          

the premise licence holder has agreed conditions with the police which the police consider are appropriate to address the concerns they have on this matter;

(c)

considered written representations and heard from the premises licence holder –

·          

that the premises licence holder has owned and managed Cuba for 14 years and over this time has worked hard to make the bar successful, employing many people and entertaining, feeding and refreshing many years of students and  ...  view the full minutes text for item 10.

(a)

considered the report from the Director of Place;

(b)

heard from the applicant in respect of both applications that:

·          

he had put some posters up in the premises regarding the Challenge 25 procedure;

·          

he had started a refusal register;

·          

he had gone online and printed some information explaining the details of the Challenge 25 procedure;

·          

he believed he should be given a second chance with this application as he was training himself with information he had got from the internet;

·          

he was trying harder to obey the rules for this new property;

·          

he had made some approaches to officers but had not received any information or CDs to carry out training;

·          

he has been a victim of violence in his previous property for refusing to sell alcohol and tobacco to underage individuals;

(c)

heard from a representative of Devon and Cornwall Police that the applications would undermine the crime prevention objective as follows:

· 

that on the 30 April 2013 the applicant (who was at the time the Premises Licence Holder and DPS of a Corner Shop at 81 North Hill Plymouth) appeared before the Council’s Licensing Sub Committee for a review of their licence brought by the Police;

· 

at that meeting the Committee revoked the premises licence of the Corner Shop as a result of the repeated sale of alcohol to minors;

· 

the police considered that the applicant had a total disregard for operating within the licensing act provisions; he did not understand the requirements of managing a premises selling alcohol and did not take up several offers for help and advice in managing the premises and also in provision of suitable training;

· 

his previous premises was subject to three test fails;

· 

at the time of the last review of the Corner Shop premises, underage sales were still allowed during the review application period;

· 

the Corner Shop was left with such a poor reputation that a cool-off period was required until September as it was a magnet for people requiring underage sales under the old management;

· 

Mr Naci has been provided with information, both by the police and Plymouth City Council officers, as to where he could obtain accredited training which had not been taken up;

· 

at no time had Mr Naci demonstrated he was willing to properly engage with responsible authorities and officers of the council to resolve the issue of management of sales;

· 

the council trading standards officer had sent Mr Naci an email which contained a link to SWERCOTS training which he had not acknowledged to the officer and had made no effort to complete this online training;

· 

the police had no confidence that Mr Naci would work with them in the future to remedy the previous faults with underage sales and therefore requested that the application be refused;

(d)

the Committee had concerns that –

· 

Mr Naci couldn’t recall the conditions of his licence when asked by the police;

· 

the accuracy of Mr Naci’s information about the members of staff working  ...  view the full minutes text for item 11.