(1)

considered the report from the Director of Public Health;

(2)

heard from the Applicant that it seeks to carry on the following licensable activities and timings

i.             a Late Night Refreshment Licence in respect of the above  premises from 11 pm to 5 am;

ii.            the Supply of Alcohol for consumption ON the premises Monday – Sunday 10 am to 2 am;

iii.          Hours Premises are Open to the Public – Monday to Sunday - 24 hours;

That the Applicant had attended a meeting at Winifred Baker Court with some of its residents at which he had agreed to install 3 CCTV cameras at the rear of the property; that there would be no access for customers/members of the public to the rear of the premises; that the store for bins would be internal to prevent the noise from bottles etc; 2 upstairs windows at the rear would be boarded up to limit noise nuisance;

The Applicant stated that any alcohol sales will be incidental to the main focus of the business as a coffee shop with refreshments (such as paninis).  Alcohol will not be on display, spirits will only be sold as part of liqueur coffees.  That the alcohol licence sought is a reduction from 6 hours a day of the licence attached to the premises when an off licence;

The Applicant wishes the premises to be a positive addition to the area and not a negative one.  He understands the ongoing problems being experienced by the Interested Parties.  He feels it will offer a viable alternative to the vertical drinking market to those wishing to sit down with a coffee and socialise, along the lines of a continental coffee shop;

The Applicant stated that he was happy to take on constructive conditions;

(3)

representations from Responsible Authorities:

no written representations were received from any of the Responsible Authorities – but Devon and Cornwall Constabulary have had consultation with the Applicant who has agreed to accept conditions proposed by the police becoming conditions on the licence;

(4)

considered written representations and heard oral representations from other  interested parties under the licensing objectives as detailed below:

Prevention of crime and disorder

·         Will add to the existing problem of students congregating/large crowds, swearing and shouting, all night partying causing intimidation to residents/business holders of nearby properties;

This was considered to be relevant under this licensing objective.  It was felt a possibility but that no evidence had been produced that linked these problems to this premises and there had been no representations from the Responsible Authorities.  The Committee felt that the nature of the premises based on a coffee and food model could help to alleviate the problems and pressure on the area.  In addition the installation of CCTV, positioning of signage and assurances given with regard to monitoring of outside space supported by appropriate conditions would also mitigate against any increase in the problem;

·         Will add to existing problem of fights by burger van;

This was considered to be relevant under this licensing objective.  Again the Committee felt there was no evidence of a link to this premises nor any representations from the Responsible Authorities that this premises has contributed to this problem;

·         Will add to problem of urinating in street, public sexual activity and other antisocial behaviours;

This was considered to be relevant under this licensing objective.  Again the Committee felt there was no evidence of a link to this premises nor any representations from the Responsible Authorities that this premises has contributed to this problem;

Public Safety

·         Size and layout of property including capacity will cause fire risks to users of premises;

This was not considered to be relevant under this licensing objective.  This is an issue that is dealt with by the Planning Authority.  The Committee noted that there had been no representations received from Devon and Somerset Fire & Rescue;

·         Layout of streets and existing congestion will limit appropriate access for emergency services;

This was considered to be relevant under this licensing objective;

·         Safety of customers leaving venue and adding to congestion/crowds;

This was considered to be relevant under this licensing objective.  The Committee felt there was neither any evidence of a link to this premises nor any representations from the Responsible Authorities that this premises has contributed to this problem.  The Applicant has given assurances he and his staff will actively discourage his customers from loitering outside and within the neighbouring car park (currently used by Relate).  The installation of CCTV cameras will mitigate against this risk.  These factors will be supported by relevant conditions;

·         Risk of harm from discarded glass and bottles;

This was considered to be relevant under this licensing objective.  The Committee felt there was neither any evidence of a link to this premises nor any representations from the Responsible Authorities that this premises has contributed to this problem.  The Applicant has given assurances he and his staff will actively seek to prevent his customers from taking any glass or bottles outside.  The installation of CCTV cameras will mitigate against this risk.  These factors will be supported by relevant conditions;

Prevention of Public Nuisance:

·         Increase in litter and overturned bins and mess all up and down street;

This was considered to be relevant under this licensing objective.  The Committee felt there was neither any evidence of a link to this premises nor any representations from the Responsible Authorities that this premises has contributed to this problem.  The conditions agreed that CCTV will be installed at the front and rear of the property and should help reduce the current problem and prevent any exacerbation of the same;

·         Increase in noise levels late at night impacting on local residents sleep – noise from drunk people screaming, crowds, music, smokers outside premises, dispersal;

This was considered to be relevant under this licensing objective.  The Committee felt there was neither any evidence of a link to this premises nor any representations from the Responsible Authorities that this premises has contributed to this problem.  The conditions agreed with regard to monitoring of customers leaving, smoking outside, the boarding up of 2 upstairs windows at the rear, the bin area being enclosed to become internal will alleviate the risk of any increase in these levels;

Protection of Children from Harm

·         Concerns that children on way to and from local primary school have to walk by the premises and will be exposed to drunkenness, antisocial behaviour, swearing etc;

This was considered relevant under this licensing objective.  There has been no representation from the Responsible Authorities or the school. Due to the business practice proposed of primarily a coffee shop with food and the installation of CCTV the Committee did not consider any risks were posed to the children;

·         Concerns that children will be exposed to drinking culture and able to make underage purchases;

This was considered to be relevant under this licensing objective.  This was considered relevant under this licensing objective.  There has been no representation from the Responsible Authorities or the school.  Due to the business practice proposed of primarily a coffee shop with food and the installation of CCTV the Committee did not consider any risks were posed to the children.  The conditions relating to staff training and Challenge 21 will also address these concerns;

Members have considered the application and the fact that there are no representations from any Responsible Authorities, and have taken into account all relevant representations from the Other Parties.

Members have also considered the Home Office guidance and Plymouth City Council’s Licensing Policy.

Members consider the action taken below to be appropriate and proportionate to promote the licensing objectives in light of the relevant representations and all that was said by the Applicant.

Members agree that the following decision is appropriate, given the fact that there are no representations from any Responsible Authority and the lack of specific detail relating to this application in representations by the other Interested Parties.  The application is GRANTED subject to the mandatory conditions within the Licensing Act 2003 and the conditions put forward by the Applicant in their application as well as those agreed with the Police (as amended at Committee) and the additional conditions all of which are set out below.

APPLICANT’S OFFERED CONDITIONS

1      there will be no irresponsible drinks promotions.  The premises will be run predominantly as a restaurant/café and coffee shop with alcohol ancillary to the other products on offer;

2      there will be an adequate number of seats to allow all customers (as referred to in the stated capacity) to sit down if the premises is at full occupancy;

3      there will be a zero tolerance to offensive conduct;

4      there will be supervision of customers and areas will be checked regularly, including toilets;

5      management will control levels of noise from customers and advise customers of the need to respect local residents where appropriate.  Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises;

6      the Premises License Holder will ensure that sufficient measures are in place to remove litter or waste arising from their customers and to prevent such litter accumulating in the immediate vicinity of the premises – to include where necessary the provision to customers of sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter;

7      from 11 pm onwards, a table service will be put in place so that the customers are seated and food and drinks are brought to them unless being bought as a takeaway;

8      customers will not be allowed to congregate around the coffee bar pick up area as this is purely for collection of drinks and not for customers to stand at and socialise;

9      the Premises License Holder or nominated person shall erect and maintain in a prominent position at every exit and on the rear wall facing Winifred Baker Court, a clear, legible and conspicuous notice requesting patrons avoid causing a noise, nuisance or disturbance to local residents;

10   customers will be asked not to stand around talking in the street outside the premises or the neighbouring car park and asked to leave the vicinity quickly and quietly;

11   a specific taxi operator is to be nominated for staff and customers use.  The company’s telephone number is to be advertised to customers.  The operator and all drivers are to be made aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily;

12   staff are to leave as quietly as possible;

CONDITIONS AGREED WITH POLICE

Prevention of Crime and Disorder

13   all staff shall be fully trained to perform their role.  The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that all staff are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, the contents of the premises licence including times of operation, licensable activities and all conditions prior to undertaking the sale of alcohol and then at least every twelve months;

14   training of staff shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by any authorised officer from a relevant Responsible Authority.  The records will be retained for at least 3 years;

15   a Refusals Register will be kept for any underage person refused service.  The record will contain the time and date, the reason, the person (if known), the action taken and details of the staff member;

16   an Incident Book shall be maintained to record any activity of violent, criminal or anti-social behaviour.  The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident;

17   a Refusals Register and Incident Book shall be available for inspection at all reasonable times by an authorised officer of a relevant Responsible Authority. The records will be retained for a minimum of 3 years;

18   the Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk) regarding installation of CCTV is provided at the premises;

19   the CCTV equipment shall be maintained in good working order and shall cover all areas of the premises to which the public have access including outside frontage and the rear of the premises and should be capable of obtaining a clear head and shoulders image of every person entering or leaving the premises;

20   images shall be retained for a minimum of 28 days and the CCTV system shall be capable of downloading images to a recognisable viewable format;

Public Safety

21   the Designated Premises Supervisors and/or Responsible Person shall ensure that no open drinking vessel (other than takeaway drinks) glass or bottles are taken outside the premises;

Public Nuisance

22   the smoking area at the frontage of the premises and the neighbouring car park (currently used by Relate), is to be monitored and managed to the same standard inside the premises to prevent any public nuisance and loitering within the area;

Protection of Children from Harm

23   all staff shall be trained in the requirements of Challenge 21 policies;

24   all staff shall be suitably trained in the operating procedures for refusing service to any person who appears to be under age;

ADDITIONAL CONDITIONS IMPOSED/AGREED AT COMMITTEE

25   the bin area at the rear of the premises to be enclosed and the bins to be kept in an internal area to prevent any nuisance from noise;

26   the 2 upstairs rear windows to be appropriately blocked up to provide total sound proofing to prevent any nuisance from noise;

27   suitable receptacles for discarded cigarettes to be affixed securely on the external walls of the premises in such a way to be accessible to anyone passing the neighbouring car park (Relate).