(i)

considered the report from the Director for Place;

(ii)

Heard representations from Environmental Health and Devon & Cornwall Police as detailed below under the relevant licensing objective;

(iii)

Heard from the applicant that:

• CCTV cameras would be in all areas covering the car park and front of the road;
• He would collect rubbish and clean the areas as much as he could;
• There would be no under 18 year olds working in the trailer;
• He just wants to work and trade from the car park;

(iv)

considered representations under the licensing objectives as follows:

a)

Prevention of Public Nuisance –

Environmental Health say this premise is located within the cumulative impact policy area and there is the potential for the application to impact negatively on the cumulative impact already determined in the area.  They say the applicant has failed to address within their operating schedule suitable controls to prevent any negative cumulative impact on the prevention of public nuisance licensing objective.

They say there is the potential for an increase in noise levels from patrons using the mobile food vehicle that may disturb local residents.

An increase in existing noise levels due to the operation of equipment associated with the mobile food vehicle, such as a generator affecting local residents.

An increase in levels of litter and spilled food waste from patrons in the vicinity.

An increase in levels of grease and by-products of cooking in the immediate vicinity.

They refer to a report produced in October 2010 titled ‘Plymouth Customer Data Integration Project:Upload of Survey data-initial findings.  The findings of this survey indicated that the residents were unhappy about anti-social behaviour in their neighbourhood and that the residents have been affected by the saturation of takeaways in the North Hill area.

The Environmental Health department has historically received a number of complaints regarding mobile food outlets in the area causing noise disturbance due to the operation of the equipment associated with the mobiles, such as the generator.  They say there is a likelihood of odour nuisance from cooking smells affecting the residential properties in close proximity to the premise.

They recommend that this application is refused.

b)

Prevention of Crime and Disorder –

Devon & Cornwall Police identify that the premise is located in a cumulative impact area and said there was an increase in crime levels within this cumulative impact area.  Their evidence showed that the majority of crime in this area occurs between  10pm and 6am and cannot be attributed to individual premises.  The peak time for all crime is between 3am and 4am particularly on Wednesday, Thursday, Friday and Saturdays.

They say if the licence is granted people who attend the van are likely to have been drinking, will consume their purchase in the vicinity of the premise in a public place and this is likely to impact on levels of violence and disorder reported.

A statement was provided by Mr Prout an Alcohol Licensing Officer which showed that from 1 January 2012 to October 2012 there had been a total of 217 violent crimes recorded of which 108 were violence with injury, 14 were of serious violence and 107 as other violence.  70% were street related and 30% were linked to premises.  The times of the violence showed a steady rise after midnight until it peaked between 3am and 4am then started to reduce again.

c)

Protection of Children from Harm –

There was no representation.

d)

Public Safety –

There was no representation.

e)

Other representations –

None