(1)

considered the report from the Director of Public Health;

(2)

heard from the Applicant that it seeks to carry on the following licensable activities and timings

i.             a Late Night Refreshment Licence in respect of the above  premises from 11 pm to 5 am;

ii.            the Supply of Alcohol for consumption ON the premises Monday – Sunday 10 am to 2 am;

iii.          Hours Premises are Open to the Public – Monday to Sunday - 24 hours;

That the Applicant had attended a meeting at Winifred Baker Court with some of its residents at which he had agreed to install 3 CCTV cameras at the rear of the property; that there would be no access for customers/members of the public to the rear of the premises; that the store for bins would be internal to prevent the noise from bottles etc; 2 upstairs windows at the rear would be boarded up to limit noise nuisance;

The Applicant stated that any alcohol sales will be incidental to the main focus of the business as a coffee shop with refreshments (such as paninis).  Alcohol will not be on display, spirits will only be sold as part of liqueur coffees.  That the alcohol licence sought is a reduction from 6 hours a day of the licence attached to the premises when an off licence;

The Applicant wishes the premises to be a positive addition to the area and not a negative one.  He understands the ongoing problems being experienced by the Interested Parties.  He feels it will offer a viable alternative to the vertical drinking market to those wishing to sit down with a coffee and socialise, along the lines of a continental coffee shop;

The Applicant stated that he was happy to take on constructive conditions;

(3)

representations from Responsible Authorities:

no written representations were received from any of the Responsible Authorities – but Devon and Cornwall Constabulary have had consultation with the Applicant who has agreed to accept conditions proposed by the police becoming conditions on the licence;

(4)

considered written representations and heard oral representations from other  interested parties under the licensing objectives as detailed below:

Prevention of crime and disorder

·         Will add to the existing problem of students congregating/large crowds, swearing and shouting, all night partying causing intimidation to residents/business holders of nearby properties;

This was considered to be relevant under this licensing objective.  It was felt a possibility but that no evidence had been produced that linked these problems to this premises and there had been no representations from the Responsible Authorities.  The Committee felt that the nature of the premises based on a coffee and food model could help to alleviate the problems and pressure on the area.  In addition the installation of CCTV, positioning of signage and assurances given with regard to monitoring of outside space supported by appropriate conditions would also mitigate against any increase in the problem;

·         Will add to existing problem of fights by burger van;

This was  ...  view the full minutes text for item 36.

(1)

The Committee heard from the Premises Licence Holder (PLH) that he would like an adjournment of today’s hearing as he had been unable to obtain legal representation.  He advised the Committee that initially he had not been able to find a lawyer who could deal with licensing issues and that once he had the solicitors had said that the time frame was too short.  The Police objected to an adjournment stating that the review papers had been served on the 23 January 2015, that meetings with the PLH had taken place in February and that there had been further issues with the premises since the review papers were served.  The further papers had been served on the PLH three days earlier than the regulations required.

The Committee considered what was said by both parties and carefully considered the nature of the alleged incidents and their impact on the public against the right of the PLH to legal representation.  The Committee agreed that the hearing would go ahead as they did not consider that it was in the public interest to grant an adjournment.  They felt that the PLH had had ample time to seek legal advice and that the review application had been detailed enough to allow the PLH to do this as early as the 23 January 2015.  The fact that there had been further alleged incidents in the time since the review papers were served was a decisive factor in reaching this decision;

Following the consideration for the adjournment the Committee then –

(2)

considered the report from the Director of Public Health;

(3)

received written and verbal representations from the Police as follows:

a.     the premises is within a Cumulative Impact Area;

b.    evidence shows that the majority of crime, disorder, incidents of anti-social behaviour and drunkenness in the vicinity of these premises occurs between 4 am and 8 am and is attributable to the Clipper;

Officers had reported attending incidents of drunken customers, anti-social behaviour, public order incidents and assaults occurring in the vicinity and outside the premises between 4 am and 8.30 am especially at weekends.  CCTV indicated the extent of the problems and showed that customers gathered in the font of the premises to smoke and socialise, many appearing to be drunk and some engaged in verbal and physical altercations and anti-social behaviour.

c.     that customers using the premises between the hours of 4 am and 8 am are likely to have already been drinking and then frequently congregate outside to smoke and socialise, cause congestion and occupy a substantial part of the pavement, interfere with the free flow of traffic, engage in incidents of public disorder, drunkenness, fights and anti-social behaviour and often leave the premises heavily intoxicated.  Patrons are not effectively controlled by door supervisors;

d.    due to its location, the way the premises are being operated is having a negative effect on the local community and causing concern for residents from noise, anti-social behaviour and alcohol related crime;

Local residents  ...  view the full minutes text for item 37.