(a)

considered the report from the Director for Community Services;

(b)

considered all written representations;

(c)

heard from a representative of Devon and Cornwall Police;

(d)

heard from the premises licence holder;

(e)

heard from a representative of Devon and Cornwall Police that –

?

they had serious concerns regarding the management of the premises and the designated premises supervisor’s ability to uphold the licensing objectives in respect of the prevention of crime and disorder and protection of children from harm;

?

since June 2010 the police had been working with the management of the premises regarding the CCTV system; in this period there had been two offences of grievous bodily harm which when investigated identified problems with the ability of the system to download images of the offences;

?

the premises had failed two consecutive test purchases within a five week period when they sold alcohol to an underage person;

?

the premises were supplied with advice and a training package regarding sales to underage persons before the first failure on 21 August 2010 and again before the second failure on 18 September 2010;

?

the evidence showed that the management did not formally implement any training policies before either of the test purchase failures;

?

a test purchase was carried out on the premises on 13 November 2010 and no sale was made;

(f)

heard from the premises licence holder that –

?

the CCTV issues had been dealt with, all cameras were working and replaced to monitor potential problem areas and the police had said they were satisfied;

?

all staff had been retrained and had watched the DVD with regard to underage drinkers;

?

the training log had been entered onto their permanent employee file which had been signed and dated;

?

after the first underage sale staff were spoken to and trained, however a record was not kept of this training which had now been addressed;

?

a zero tolerance was operated in respect of underage drinkers, violence and drugs and extensive efforts had been made to ensure this did not happen on the premises;

?

the employee who made the first underage sale had previously checked ID prior to the underage sale, however they no longer worked at the premises;

?

in ten months since taking on the Drakes Drum, there had only been two issues of violence; these were both beyond their control;

?

they had at all times cooperated with the local police and had banned at least six people suspected of involvement with drugs and the police had been informed;

?

having spoken with local people, they said it was a much nicer, safer and friendly environment than it was before;

(g)

Councillors considered all the representations made under the prevention of crime and disorder and protection of children from harm licensing objectives and they believed that all concerns had now been addressed.