Agenda and minutes

Venue: Council House, Plymouth

Contact: Kristin Barnes/Helen Wright  Email: Kristin.barnes@plymouth.gov.uk/ Email: helen.wright@plymouth.gov.uk

Items
No. Item

27.

Appointment of Chair and Vice Chair

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

Minutes:

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

28.

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 in accordance with the code of conduct.

29.

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 was no Chair’s urgent business.

30.

Variation of Premises Licence - Food & Wines, 156 Union Street, Plymouth pdf icon PDF 4 MB

The Director of Public Health will submit a report regarding a variation of premises licence for Food & Wines, 156 Union Street, Plymouth.

Additional documents:

Minutes:

The Committee-

 

a          Heard that the applicant was not present but had advised the Licensing Officer who  telephoned him that morning that he had closed the shop the previous day and did not wish to proceed with the application.  as nothing in writing had been received to this effect from the Applicant following service of Notice of Hearing and the written representations, under Regulation 20 Licensing Act 2003 (Hearings) Regulations 2005, the Members made the decision to proceed with the hearing in his absence;

 

 

b          Considered the report from the Director of Public Health

 

c          Heard from the applicant as follows:

 

·         the Committee considered the terms of his application in which the Applicant seeks to vary the existing Premises License (granted on 1 December 2015) by requesting the removal of Conditions 7 and 8 contained in Annex 2 – Conditions consistent with the Operating Schedule. Under Conditions agreed with the Police Licensing Authority that is

7          No single cans or bottles of beer or cider will be sold

8          No sale of high strength beers or ciders above 6.5 ABV;

 

·         within his application he states the application is for the sale of continental and locally sourced single cans and bottled beers and ciders, high strength beers up to a maximum of 9% ABV;

 

·         in support of his application he said as follows; the conditions 7 and 8 agreed with the police on his initial application are affecting their business;

 

a)    Heard written and oral representations from Responsible Authorities:

 

Devon and Cornwall Police made the following written and oral representations opposing the granting of the application relating to the prevention of crime and disorder, the prevention of public nuisance, Public Safety and the protection of children from harm;

 

  1. the premises are situated within an area that is subject to Plymouth City Council’s Cumulative Impact Policy and rely on the evidence produced by the police that supported the introduction of this policy (This was considered to be relevant under this licensing objective. The variation sought will add to the existing problems in the area);

 

  1. evidence gathered by the Police licensing officers and the Police Neighbourhood Beat Manager demonstrates that the operation of these premises is impacting on the running of businesses, residential homes, all members of the community within the area due to the crime and disorder, and public nuisance and risk to public safety that arises from the sale of alcohol in breach of conditions 7 and 8;

 

      The following incidents were considered to be relevant under the licensing objectives of crime and disorder, public safety, public nuisance and protection of children from harm.   These are evidence that, if granted, the variation sought will add to the existing problems in the area;

 

      Despite, when making his application for a premises licence in October 2015, having agreed conditions 7 (to restrict the sale of single cans of beer and cider) and condition 8 (the restriction of sale of high strength drinks i.e. not to exceed 6.5% abv), which conditions were constructed  ...  view the full minutes text for item 30.

31.

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.