Agenda and minutes

Venue: Council House, Plymouth

Contact: Helen Rickman/ Jamie Sheldon  Email: helen.rickman@plymouth.gov.uk/ Email: jamie.sheldon@plymouth.gov.uk

Items
No. Item

44.

Appointment of Chair and Vice-Chair

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

Minutes:

Agreed that Councillor Dr Mahony was appointed Chair, and Councillor Churchill appointed as Vice Chair for this meeting.

45.

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.

46.

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 were no items of Chair’s Urgent Business.

47.

Grant of Premises Licence - Devon Stores, 38-40 Marlborough Street, Devonport, Plymouth, PL1 4AH pdf icon PDF 3 MB

The Director of Public Health will submit a report in relation to the application for the grant of a premises licence from R B Retail & Licensing Services Limited on behalf of Devon Stores Limited in respect of Devon Stores, 38-40 Marlborough Street, Devonport, Plymouth, PL1 4AH under Section 17 of the Licensing Act 2003.

 

Additional documents:

Minutes:

The Committee:

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from the applicant as follows:

 

 

written representations:

 

 

·          

the applicant has submitted an application for a premises licence and has applied to be permitted to carry out the following licensable activities:-

 

 

 

1) Late Night Refreshment (Indoors and Outdoors) – Monday to Sunday 11pm to Midnight

2) Supply of alcohol for consumption OFF the premises – Monday to Sunday 0600am to Midnight

3) Hours premises are open to the public – Monday to Sunday 0600am to Midnight;

 

 

·          

in support of the application and in response to written representations a copy of the operations and training manual had been produced;

 

 

heard from the applicant:-

 

 

·          

 

the owner of the premises has 11 years’ experience of managing off-licenses. He owns 5 stores and 3 petrol stations all of which are licensed. One shop is in North Prospect, which it was felt was in a similar situation as the premises subject to this application. It is subject to the same management structure as this premises will have. It was built under Council accommodation allocated to over 55s. The residents are customers of the shop. There have been no problems;

 

 

·          

he has employed an area manager, who lives locally and who has 25 years retail experience, 15 of which with licensed premises. She has been area manager for this company for 3 years.  She will manage both stores;

 

 

·          

in the course of preparation of this application they met with the police and took on board their suggestions which are reflected in the operating schedule and proposed conditions. The police have not raised any concerns or made any representations. The Committee were referred to the judgment in the Thwaites PLC appeal case and in particular the statement “” the fact that the police did not oppose the hours sought on this basis should have weighed very heavily with them, whereas, in fact, they appear to have dismissed the police view because it did not agree with their own”. Whilst recognising the fears of the residents, there is no evidence that problems will materialise as a result of these premises. The licence holder will help address any issues that arise;

 

 

·          

there is always the potential for any premises to cause problems. It is how it is managed that counts and that is why an experienced area manager has been employed. They do not cut corners with their management structure. Her name and number will be available within the shop to be given to customers/residents if a problem should arise;

 

 

·          

they will not be selling high strength beer or cider;

 

 

·          

the responsible authorities have considered the proposed conditions and have raised no concerns or representations;

 

 

·          

the owner stated that he views this shop as a community business, delivering goods to them. If there are any issues that arose he would work to put them right without delay. His mantra is the customer is always right;

 

 

·          

the contents of the operating manual were summarised and the 3  ...  view the full minutes text for item 47.

48.

Exempt Business

Remove if no Part II 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.