(i)

considered the report from the Director for Place;

(ii)

heard that Devon & Cornwall Police had agreed conditions with the applicant;

(iii)

heard representations from interested parties and considered written representations;

(iv)

heard from the applicant’s legal representative that:

• There had been no representations from any responsible authority;
• The representations received relate in the main to problems perceived to be occurring in the vicinity which cannot be linked to the applicant;
• Criticisms are directed at existing premises however none of these premises have been subject to review or variation in order to deal with any issues;
• The representations do not consider how the proposed conditions can alleviate any concerns;
• The area is not subject to the cumulative impact policy of the Council;
• Some of the representations appear to have been encouraged by owners of existing premises who may  not wish to face competition;
• Despite the name of the premise it is not only an outlet to serve alcohol it is a convenience store which sells alcohol and the overall shelf space reflects that food, newspapers, snacks and general sundry items are the main focus of the goods on offer and a large plan was provided;
• All point of sale terminals have till prompts that keep a record of ID checks having taken place and Challenge 25 will be applied to all customers;
• The applicant is an experienced personal licence holder whose other ‘Bargain Booze’ outlet is an integral part of the Plympton community and he is committed to upholding the licensing objectives;
• There is an incentive scheme whereby a reward of up to £500 is provided to any member of the public who passes on information relating to alcohol being sought by adults on behalf of minors;
• Bargain Booze is a franchise type operation and this franchise could be lost by the applicant should he commit a criminal offence relating to the Licensing Act 2003;
• CCTV systems will be operational prior to the proposed store opening;
• There should be careful scrutiny of the motives of individuals raising concerns in relation to demand;
• The applicant does not believe that the licensing objectives would be undermined by the grant of this application, if subject to the conditions presently suggested and any other conditions the committee consider are appropriate and proportionate to the premise;

(v)

considered representations under the licensing objectives as follows:

a)

Prevention of Crime and Disorder –

Groups of young people congregate around the existing shops and it will encourage local youth gangs to frequent and loiter in this area; This was considered to be relevant but cannot be associated with this premise.

There is already drinking on the playing fields and in the shopping area causing problems of noise and vandalism and makes elderly residents fearful; This was considered to be relevant but cannot be associated with this premise.

A local resident has been approached by youths to purchase alcohol for them and this will escalate; This was considered to be relevant but cannot be associated with this premise.  Members considered the incentive scheme provided by Bargain Booze.

Last month the Chinese Takeaway had their windows smashed and last year West Park Wine’s windows were smashed; This was  considered to be relevant but cannot be associated with this premise.

There are many problems with anti-social behaviour and vandalism including drinking and riding unlicensed motor bikes; This was  considered to be relevant but cannot be associated with this premise and is an issue for the police.

A bar in West Park has caused outbreaks of fights, loud noise and antisocial behaviour in a small area where crime is rife; This was considered to be relevant but cannot be associated with this premise.

Councillor Nicky Williams provided statistical evidence to the committee including that since the beginning of April 2011 up to the end of August 2012 there had been 858 incidents of anti-social behaviour in Honicknowle.  She also provided an email from PCSO Martin Whitehouse that said often anti-social behaviour isn’t reported to police and notes of the ‘Have Your Say’ neighbourhood meeting & Priorities and information regarding the number of child protection plans in the City.  This was considered to be relevant however members felt that these were issues to be dealt with by councillors, police and other agencies.

b)

Prevention of Public Nuisance –

There are concerns there will be an increase in litter and vomit; This was considered to be relevant but cannot be associated with this premise.

Bottles and cans have been found in a resident’s gardens, the car park and playing fields; This was considered to be relevant but cannot be associated with this premise.

Other premises close at ten and there will be noise between 10pm and Midnight; This was considered to be relevant and members have attached special condition 1.

May intimidate vulnerable families wishing to use the centre; This was considered to be relevant however members did not believe there was any evidence to substantiate this.

c)

Protection of Children from Harm –

Children may hear or witness shouting, swearing, drunken violence, smoking and excessive littering; This was considered to be relevant but cannot be associated with this premise.

It will entice more young people to drink and there is a high number of young people living in the neighbourhood; This was  considered to be relevant however members did not believe there was any evidence to substantiate this.

It will attract the young and there is a risk of underage sales of alcohol and cigarettes; This was considered to be relevant however members heard from the applicant that the challenge 25 policy will be applied to all customers.

d)

Public Safety –

Will attract more traffic and drivers already ignore the yellow lines, don’t use the car park and park anywhere making it dangerous to cross the road; This was not considered to be relevant.

Too many youths are riding bicycles on the pavement and are being abusive to passers-by and customers; This was not considered to be relevant.

e)

Other representations –

There is a café bar, wines and spirits shop and newsagent and is near Tescos and there are more than enough outlets in the area; This was not considered to be relevant.

(1)

Subject to mandatory conditions contained in the Licensing Act 2003,  conditions consistent with the applicants operating schedule, conditions agreed with Devon & Cornwall Police and the following special condition:

Special condition 1

- all alcohol sales will cease at 10 pm Monday - Sunday