(a)

that the Sub-Committee refused a premises licence application for a late night mobile food van (Buddies) to be situated at Sherwell Arcade, North Hill in August 2011;

(b)

the application was refused based on representations heard from the Police, Environmental Health Service and local representatives.  Members believed that the applicant could not demonstrate that there would be no negative impact on crime and disorder or public nuisance caused by noise, anti-social behaviour and litter. This decision used the provisions of the Cumulative Impact Policy contained within the Licensing Policy;

(c)

Plymouth City Council adopted the Cumulative Impact Policy in 2008, which aimed to reduce nuisance and crime on the streets which cannot be attributed to one premise in areas where there are lots of bars and pubs, including Mutley Plain, North Hill, Union Street (including Derry’s Cross), Stoke Village and the Barbican. The Policy was reviewed again at the end of 2010.  Under the policy, new or applications to vary existing licences would normally be refused in these specific areas unless applicants could prove there would be no increase in drink-related problems. The applicant would also have to present a case to show what they are doing to prevent crime and disorder, to ensure public safety, prevent public nuisance and protect children from harm;

(d)

the applicant appealed the Council’s refusal for the late night licence which was taken to Plymouth’s Magistrates Court in December 2011. After a two day hearing the case was dismissed by the Judge who upheld the decision of the Licensing Committee. Costs were awarded to the Council to the value of £6,000. The District Judge said there was no criticism of the appellant or of the business she operates.  He did however say that having heard the evidence he did not consider the decision of the committee was wrong and said the reasoning of the committee was fully supported by the evidence.  If granted he believed there would be an increase in persons in the area along with an increase in litter and crime and disorder.  He said the proposals put forward e.g. Litter bins, identifiable packaging, security staff did not allay these concerns;

(e)

new larger bins have been put in situ as a result of a survey in the area which has resulted in a reduction of litter;

(f)

a Council survey carried out in the Mutley and Greenbank area in October 2010 showed that people living in the area had concerns about the amount of rubbish, litter and ASB in the area;

(g)

this appeal was important as it was the first appeal which involved an application within the scope of, and involved, the use of the cumulative impact policy. Other appeals have been lodged but withdrawn by the applicant prior to the hearing;

(h)

the appeal process involved a huge amount of work for all officers of legal, licensing, environment health, police and for those Councillors involved;

(i)

the appeal has highlighted that the decision making process, based on the evidence presented, and the recording of that decision complies with the necessary requirements and legal scrutiny in the court;

(j)

Councillors should therefore take increased confidence in the process followed by the Committee when taking decisions. The appeal has not identified any changes that are required to be made.