Agenda item

COMMERCIAL SERVICE STATION, 9 CHAPEL STREET, DEVONPORT, PLYMOUTH PL1 4DP - VARIATION OF PREMISES LICENCE

The Director for Public Health will submit a report regarding an application to vary the premises licence at Commercial Service Station, 9 Chapel Street, Devonport, Plymouth, PL1 4DP.

 

Minutes:

The Committee having –

 

(a)

considered the report from the Director for Public Health;

 

(b)

heard from the applicant that:

 

·         The service station was a twenty four hour operation which offered cold snacks and drinks at the moment.  They had originally applied for a twenty four hour alcohol licence but following consultation with the Police had reduced this to 8 am to midnight;

·         The application for late night refreshment was really to cover the sale of hot drinks.  Hot food would be a minimal part of the business and they were happy to be limited to the sale of hot drinks only if committee thought this was appropriate having considered the representations;

·         The police had made representations but withdrawn them and there had been no other representations from other responsible authorities;

·         With regard to the proposed DPPO for the area the applicant was happy to support this but did not consider granting the licence would undermine it in any way or contribute to street drinking;

·         The company had 200 service stations already;

·         With regard to attracting late night revellers, the applicant stated that they already open until 11 pm and the only problems they have ever had were minor thefts which did not involve theft of alcohol;

·         The alcohol is positioned next to the counter and the shop doors are closed from 11 pm onwards;

·         Schools will not be open during the time the variation application is made for;

·         With regards to litter there was other legislation to deal with any associated problems;

 

(c)

considered written and verbal representations from other parties:

 

Prevention of Crime and Disorder

 

·         There is an existing problem with street drinkers and associated anti-social behaviour which has resulted in an application for a DPPO for the area which is currently under consideration.

 

            This was relevant under this licensing objective however the committee             considered that the conditions agreed with the Police would prevent any             potential problems.

 

·         The premises are situated within a few metres of a hostel for persons with drug and alcohol dependency issues.

 

            This was relevant under this licensing objective however the committee             considered that the conditions agreed with the Police would prevent any             potential problems.

 

·         The premises are on the main route home from the City Centre and may attract already intoxicated people on their way home from clubs and bars in town late at night or early hours of the morning.

 

             This was relevant under this licensing objective however from the information it had been given the committee did not consider that this would be a problem.

 

Public Safety

 

·         It is not appropriate for a garage to sell alcohol to drivers at all let alone 24 hours a day.

 

            This was not considered relevant under this licensing objective.

 

·         It is not appropriate to permit sales to people who are already intoxicated on their way home from clubs and bars in town late at night or in the early hours of the morning.

 

             This was considered to be relevant under this licensing objective however the conditions agreed with the Police would prevent any problems and in addition there was other legislation to deal with some of the issues raised.

 

Prevention of Public Nuisance

 

·         Sales will attract additional noise, litter and anti social problems at night. The premises are next to a new residential estate where the problems will become intolerable.

 

             This was relevant under this licensing objective however the committee did not consider this would be a problem having considered the extent of the application.

 

·         The sale of food items is expected to cause a significant increase in litter within the vicinity.

 

             This was relevant under this licensing objective but as the premises already sell cold snacks and drinks, the committee did not consider there would be any potential additional impact.

 

·         With so many retailers selling alcohol in the area the incidences of anti-social behaviour will significantly increase.

 

This was relevant under this licensing objective however the committee did not consider that this was a potential problem having considered the    conditions agreed with the police and the extent of the application.

 

Protection of Children from Harm

 

·         There is a primary school within 20 yards of the premises as well as other schools nearby. There may be problems with underage sales purchases and young families being exposed to behaviour associated with alcohol abuse.

 

             This was relevant under this licensing objective however no schools would be open for the period applied for with this application and there were conditions in place to deal with potential underage sales.

 

Having taken into account all relevant representations, representations made by the applicant, the Council’s licencing policy and Home Office guidance the committee agreed that it was appropriate and proportionate to grant the application (with the hours amended as detailed in the report) subject to the mandatory conditions contained in the Licensing Act 2003, conditions consistent with the applicant’s operating schedule and conditions agreed with the Police.

 

 

 

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