(a)

considered the report from the Director for Public Health;

(b)

heard from the applicant as follows:

o    

the existing premises licence hours were between 8am – 11pm Monday – Saturday and 10.30pm on Sundays. The application was to vary the opening time to 6am in line with the shops opening times and to change closing time on a Sunday to 11pm and to remove the restrictions in relation to Good Friday and Christmas Day. This was in line with other Spar shops. Experience suggested that to have the alcohol sales time in line with opening hours also prevented problems with customers as refusing sales during opening hours was a potential source of conflict and tended to cause problems;

o    

the premises had been recently acquired and would be staffed by two experienced staff who have previously operated the branch in Devonport. The company itself has a wealth of experience in operating these stores;

o    

there had been no representations against the application from Responsible Authorities;

o    

in response to the concerns laid out in the representations:

·        

need for the licence was not a relevant consideration for the committee in its decision making;

·        

regarding the licence exacerbating existing problems with drugs and anti-social behaviour, the addition of hours was at the beginning of the day and also if it were a concern the Police or Environmental Health would have made representations;

·        

with regards to potential abuse of its staff, this was a factor in retailing regardless of alcohol sales;

·        

the notices advertising the application were displayed appropriately and evidence had been sent into the Licensing Officer to prove this;

·        

there was no evidence about alcohol issues in the store and the extension sought will not lead to the concerns raised as it is only 2 hours at the start of the day, 30 minutes on a Sunday and the removal restrictions on a Good Friday and Christmas Day;

·        

their business is a community food store and it is the only one in the immediate area. As they rely on the local community for their business the store would be unwise to do anything that would cause a problem for the local residents as it would affect business;

·        

there was no causal link for the concerns mentioned in the representations and no evidence to support them;

·        

all staff are individually trained and are re tested every six months. They have a challenge 25 policy and a refusal log. Their plans have been discussed in detail with the Police;

·        

referred the committee to paragraph 9.15 of the statutory guidance and paragraphs 54 and 55 of the Thwaite’s case;

(c)

considered the written representations from other parties as follows:

·        

there were existing problems with drug misuse in the area and the extension applied for would encourage more anti-social behaviour and late night disorder. Staff of the Coop, who used to operate the premises, have been verbally abused by alcohol fuelled customers in the past and the extension will not improve  ...  view the full minutes text for item 18.

(a)

considered the report from Director for Public Health;

(b)

heard from the applicant and considered the response to the Notice of Hearing, as follows:

·        

this was effectively a re-application for a premises licence as the previous owners did not renew the licence during the pandemic;

·        

that they continue to implement the management controls recommended by the Police and have been in contact with the CCTV provider and have raised all issues mentioned in Appendix 3 of the report with them;

·        

with regards to public safety, all records on risk assessment and health and safety are up to date. Regular fire checks are carried out and records updated by trained staff members. They use industry guidelines with their housekeeping policy and current government guidelines which they will keep going such as hand sanitiser provided for guests and staff;

·        

in relation to public nuisance, on check-in guests are made aware of the area being residential, the need for consideration for residents and not to drink alcohol outside. There is also signage outside the front and back entrances;

·        

in respect of the protection of children from harm, as outlined in Appendix three of the report, they have allocated space in the lounge as a games area with games and books. Children are to be always accompanied by an adult throughout the hotel;

·        

of the staff employed, three of them have been with the hotel for over seven years and another three over three years. Three of the reception staff have a personal licence;

·        

two staff members live in the hotel and another two within 50 yards of the hotel;

·        

the hotel has been in operation for over 13 years and there have been no major incidents;

·        

the hotel has a very good relationship with the residents of Elliot Street and they take in deliveries for nearby residents and they hope to be able to work with the local residents in Elliot Street and the surrounding area;

·        

there was a change in ownership of the hotel two years ago. The new owners are looking at refurbishing sections of the hotel inside and outside;

·        

the idea was to serve light refreshments from 11pm onwards to a few small groups of friends who go the theatre etc;

·        

one staff member who lives in the hotel is tasked with general maintenance for inside the hotel to makes sure it is kept in good condition;

·        

regarding people leaving the building and causing a nuisance in the early hours of the morning then the only people that could be is hotel guests checking out. Alcohol is only served until 11pm and so guests are not drinking into the early hours;

·        

there are smoking bins outside the hotel and guests are not allowed to take alcohol outside;

·        

visitors who are not already guests will not be served alcohol after 11pm;

·        

the hotel has been there for 13 years and is very much a central part of the Hoe and has many returning guests;

(c)

disregarded the  ...  view the full minutes text for item 19.

(a)

considered the report from Director for Public Health;

(b)

heard from the applicant and considered the response to Notice of Hearing as follows:

·        

the bar itself had a capacity of 40 people. The hotel had a capacity of around 30 people which would mean that with a full hotel the most the bar could accommodate would be 10 non-members;

·        

the premises is primarily a hotel and is it that which the variation to the premises licence seeks to build upon rather than be a detriment to it. Their best room is right above the bar and so it would not be wise for them to have events that affected that room. It was envisaged that it would be Friday and Saturday evenings when the hotel would be open to non-residents. They have no ambition to be a nightclub or pub as the hotel is their primary focus. They have no wish to throw people out or create rowdy bar. They are trying to achieve a venue where people can have a quiet drink. The owners live on site themselves;

·        

the applicant believed that the application was relevant to the Council's corporate plan in that it would help unlick the City's potential by attracting visitors, utilising social and cultural offers and creating opportunities for increased levels of employment. They would achieve this by offering a relaxed adult social hub for local residents, businesses and visitors alike to enjoy a drink in the bar but also to participate in planned craft workshops run by local makers and creators with the opportunity for a social drink during or after the workshop;

·        

they opened at the end of September 2021 and feel they have already started to make a strong case for being a favoured hotel destination within the city. As a result they are already looking for additional staff members;

·        

they are applying for earlier licensing hours, the ability to serve non-residents and for off-sales to both residents and non-residents because their aim is to promote local businesses by either selling their products in the bar (wine, beers, spirits) whether through on or off sales or by running craft workshops, such as ticketed painting and making workshops which will be available to both staying guests and non-guests. Therefore, by having a venue which can allow for social drink to be consumed either on the premises or for takeaway, they will be able to promote the small business and creators more effectively;

·        

earlier licensing hours are for guests of a local event e.g. wedding day, graduation day who may want to consume a drink slightly earlier in the day;

·        

in direct response to the objections:

·        

no suitable smoking area - there is a segregated, gated outside area on their premises to the side of their entrance accessed through a small gate - it contains tables and chairs and a cigarette bin. Guests are told that this is the area and are encouraged to use it. It is also published on  ...  view the full minutes text for item 20.