Agenda and minutes

Licensing Sub Committee - Tuesday 24 September 2019 10.00 am

Venue: Council House, Plymouth

Contact: Democratic Support  Email: democraticsupport@plymouth.gov.uk

Items
No. Item

22.

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 Hendy is appointed Vice Chair.

23.

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 made by Members in accordance with the code of conduct.

24.

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.

25.

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:

Agreed that under Section 100A(4) of the Local Government Act 1972, to exclude the press and public from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 Schedule 12a of the Act, as amended by the Freedom of Information Act 2000.

26.

Grant of Personal Licence

The Director of Public Health will submit a report in relation to the Grant of a Personal Licence.

Additional documents:

Minutes:

The Committee:

 

(a)

considered the report from the Office of the Director of Public Health;

         

(b)

considered the written representations of the Devon and Cornwall Police (The Police) and the representations made at the committee;

 

(c)

heard from the applicant;

 

(d)

considered information in response to questions by Members;

 

(e)

considered the report, representations and statutory guidance.

 

The Committee Agreed to grant the application of a personal licence.

Part 1 - PUBLIC MEETING

27.

Review of Premises Licence - Union Street Mini Market, 95 Union Street, Plymouth, PL1 3NB pdf icon PDF 152 KB

The Director of Public Health will submit a report in relation to the review of a premises licence for the Union Street Mini Market, 95 Union Street, Plymouth, PL1 3NB.

Additional documents:

Minutes:

The Committee:

 

(a)

considered report from Director of Public Health;

 

(b)

heard representations from the Devon and Cornwall Police (the Police) Licensing Officer and Police Neighbourhood Beat Manager for the City Centre summarised as follows:

 

 

·          

the absence of the named Designated Premises Supervisor Mr Dipak Dhakal and his lack of communication was having a negative impact on the licensing objectives;

 

 

·          

staff at the premise had no or little knowledge of the requirements of the Licensing Act;

 

 

·          

poor management was contributing to the licensing objectives being undermined;

 

 

·          

the business plan of the premises was geared to selling high volume lager and cider, aimed at the most vulnerable people in the area;

 

 

·          

lack of engagement in resolving problems raised by the Police licensing department;

 

 

·          

the Designated Premises Supervisor (DPS) had not been proactive in the training of his staff, and had little involvement in the running of the premises;

 

 

·          

the operation of the premises was having a negative impact on individuals and the greater community;

 

 

·          

the premises lie within a Public Space Protection Order and cumulative impact area as adopted by the Plymouth City Council due to the amount of alcohol related crime and disorder in the area;

 

 

·          

the premises were in close proximity to numerous schools, alcohol, drug and homeless support services, residential and business properties and the  operation of the premises was a contributing factor to the increased anti-social behaviour and alcohol related crime that was having a negative effect on the local community;

 

 

·          

the police contend that the operation of these premises was having a negative impact on the Licensing objectives of the Prevention of Crime and Disorder, Prevention of Public Nuisance and Public Safety;

 

 

·          

the total lack of engagement from the DPS and the lack of training to the staff, the business model based on volume sales of high ABV alcohol was without doubt having a negative impact on the licensing objectives namely the prevention of crime and disorder, public safety and public nuisance;

 

 

·          

in addition, the operation of the premises was therefore having a negative effect on the quality of life of both residents and local business;

 

 

·          

the police were of the opinion that the lack of engagement from the DPS and his apparent inability to respond to frequent requests made it impossible to work in partnership with him. The removal of the DPS would be unlikely to have an effect, as he remained the premises Licence Holder and the business would continue in a similar manner with a different DPS;

 

 

·          

the Devon and Cornwall Police therefore felt there was no alternative and respectfully request revoking of this premises licence;

 

 

·          

the Police outlined the time line of events relating to Operation Hippic in the area, and highlighted incidents of violence and anti-social behaviour in the area relating to street drinking;

 

(c)

considered the written representation and heard from Mr Dhakal, summarised as follows:

 

 

·          

Mr Uresh was his Business Partner at the shop;

 

 

·          

he wished to apologise and he had made contact with the Police to clear up  ...  view the full minutes text for item 27.