Items
No. |
Item |
699. |
Election of Chairman/woman
To elect a
Chairman/woman for the meeting.
Minutes:
Councillor Addis was elected as Chairman for the meeting.
|
700. |
Apologies
To
receive apologies for absence, including notifications of any
changes to the membership of the Committee.
Minutes:
It was reported
that the membership of the Sub-Committee had been amended for this
meeting by including Councillor Scouler instead of Councillor
Manning.
|
701. |
The Green Room, 23-25 Victoria Parade, Torquay PDF 60 KB
To consider Report 93/2011 on an
application for Review in respect of The Green Room, 23-25 Victoria
Parade, Torquay.
Additional documents:
Minutes:
Members considered
Report 93/2011 which sought a Review of a Premises Licence in
respect of The Green Room, 23-25 Victoria Parade, Torquay.
Written
representations received from:
Name
|
Details
|
Date of
Representation
|
Member of the
Public
|
Application (plus
supporting documentation) for a Review of the Premises Licence on
the grounds of ‘The Prevention of Crime and Disorder’
and ‘The Prevention of Public Nuisance’, as set out in
Appendix 1 to Report 93/2011.
|
1 March 2011
|
Police
|
Letter of
Representation advising of an incident regarding door stewards not
being identifiable, as set out in Appendix 4 to Report 93/2011.
|
28 March 2011
|
Public Protection
|
Representation
detailing complaint regarding noise and proposing two additional
conditions.
|
1 April 2011
|
Member of the
Public
|
Representation in
support of the Premises.
|
10 March 2011
|
Additional
information:
At the Hearing, the
Applicant requested an extension to the normal allowance of 10
minutes to 15 minutes to present their application. There was no objection from the Respondent to this
request and the Sub-Committee agreed the extension of time and
informed all parties present that they too would be entitled to 15
minutes when making their representation.
Oral representations
received from:
Name
|
Details
|
Applicant
|
The Applicant outlined
the details of the application, as set out in the written
representation and responded to Members questions.
The Applicant also
showed the Sub-Committee three DVDs showing images with narrative
of the alleyway into the Green Room.
|
Police
|
The Police
Representative outlined their representation with regards to the
Green Rooms door stewards being visible and wearing high visibility
reflective jackets. The Police
Representative also suggested an amendment to a condition set out
at point 1 on Annex 3 of the existing Premises Licence.
|
Public Protection
|
The Technical Officer
outlined his representation and suggested two conditions, should
the Sub-Committee decide to modify the conditions of the
Licence.
|
Respondent
|
The Respondent’s
Solicitor responded to the representation made by the Applicant and
proposed an amendment to the second condition proposed by Public
Protection, as set out in Appendix 5 to Report 93/2011. The Respondent’s Solicitor proceeded to
respond to questions from the Members.
|
Decision and reason
for decision:
Having carefully
considered all the oral and written representations, Members take
seriously the concerns raised in respect of public nuisance and as
such have resolved, as a necessary and proportionate response that
the licence conditions be modified as follows:
i)
that no bottles are to be emptied after 22:00 hours and not before
09:00 hours Monday to Sunday;
ii)
that on every occasion the Premises sells alcohol after midnight
and remains open after 00:30 hours, door staff will, between 23:00
hours and closing time, monitor patrons in the immediate vicinity
of the Premises and take all reasonable steps to ensure that
patrons leaving the Premises do so quietly so as not to disturb
nearby residents;
iii)
that point 1 of Annex 3 The Prevention of Crime and Disorder be
amended to read ‘that there shall be no entry/re entry after
02:00 hours and from that time until ...
view the full minutes text for item 701.
|
702. |
Lighthouse and Fusion, 26 Esplanade Road, Paignton PDF 63 KB
To consider Report
95/2011 on an application for a Variation to a Premises Licence in
respect of Lighthouse and Fusion, 26 Esplanade Road, Paignton.
Additional documents:
-
Lighthouse and Fusion, 26 Esplanade Road, Paignton Appendix 1 , item 702.
PDF 255 KB
-
Lighthouse and Fusion, 26 Esplanade Road, Paignton Appendix 2 , item 702.
PDF 3 MB
-
Lighthouse and Fusion, 26 Esplanade Road, Paignton Appendix 3 , item 702.
PDF 67 KB
-
Lighthouse and Fusion, 26 Esplanade Road, Paignton Appendix 4 , item 702.
PDF 38 KB
-
Lighthouse and Fusion, 26 Esplanade Road, Paignton Appendix 5 , item 702.
PDF 157 KB
Minutes:
Members considered
Report 95/2011 on an application for a Variation to a Premises
Licence in respect of Lighthouse and Fusion, 26 Esplanade Road,
Paignton.
Written
representations received from:
Name
|
Details
|
Date of
Representation
|
Police
|
Representation
proposing additional conditions should the application be granted.
|
30 March 2011
|
Community Safety
|
Representation
proposing additional conditions should the application be granted.
|
1 April 2011
|
Member of the
Public
|
Representation
objecting the application on the grounds of ‘The Protection
of Children from Harm’, the ‘The Prevention of Crime
and Disorder’, and ‘The Prevention of Public
Nuisance’.
|
Not known
|
Member of the
Public
|
Representation
objecting to the application on the grounds of ‘The
Prevention of Public Nuisance’ and ‘The Prevention of
Crime and Disorder’.
|
21 March 2011
|
Member of the
Public
|
Representation
objecting to the application on the ground of ‘The Protection
of Children from Harm’.
|
22 March 2011
|
Member of the
Public
|
Representation
objecting to the application on the ground of ‘The Protection
of Children from Harm’.
|
18 March 2011
|
Member of the
Public
|
Representation
objecting to the application on the ground of ‘The Prevention
of Crime and Disorder’.
|
Not known
|
Member of the
Public
|
Representation
objecting to the application on the grounds of ‘The
Protection of Children from Harm’, and ‘The Prevention
of Public Nuisance’.
|
23 March 2011
|
Oral representations
received from:
Name
|
Details
|
Applicant
|
The Applicant outlined
the application, as set out in Appendix 1 to Report 95/2011 and
agreed to the conditions proposed by the Police, as set out in
Appendix 3 to Report 95/2011. The
Applicant proceeded to respond to Members questions.
|
Police
|
The Police
Representative outlined their representation and suggested
conditions, as set out in Appendix 3 to Report 95/2011.
|
Public Protection
|
The Technical Officer
outlined their representation and proposed conditions that Members
may wish to add to the Licence, if they were minded to grant the
Variation to the Premises Licence.
|
Member of the
Public
|
A Member of the Public
outlined their objection to the application for a Variation to the
Premises Licence.
|
Decision:
That the Application
for the Variation to the Premises Licence in respect of the Light
House and Fusion, 26 Esplanade Road, Paignton be granted as applied
for, subject to the conditions proposed by the Police and Public
Protection, as set out in Appendix 3 and 4 to Report 95/2011, and
as agreed by the Applicant.
Reason for
decision:
Having carefully
considered all the written and oral representations Members
considered the conditions proposed by the Police to be
comprehensive and proportionate to ensure the Licensing Objectives
are promoted and as such in addition to the Public Protection
condition, Members resolved that this should alleviate the concerns
of the Responsible Authorities and the Interested Parties.
|
703. |
Suspension of Hackney Carriage Driver's Licence - Mr Keith Brown PDF 84 KB
To consider Report 94/2011 on the suspension of a
Hackney Carriage
Driver's Licence.
Additional documents:
Minutes:
Members considered Report 94/2011 which
sought a suspension of a Hackney Carriage Driver’s Licence in
respect of Mr Keith Brown.
Written representations received from:
Name
|
Details
|
Date of
Representation
|
Parking Operations
Officer
|
Representation
regarding illegal parking by taxis in Torbay.
|
28 January 2010
|
Police
|
Representation
confirming events over a nine month period on The Strand, Torquay
involving taxi drivers.
|
4 February 2010
|
Public Transport
Officer
|
Briefing paper
regarding taxi parking on The Strand, Torquay and the impact on bus
drivers.
|
27 January 2010
|
Operations Manager
– Torbay Stagecoach South West
|
Representations
confirming ongoing problems with taxis parking at The Strand,
Torquay bus stops.
|
28 January 2010,
9 February 2007,
4 July 2006
|
Principal Safety and
Licensing Officer
|
Representation sent to
all Hackney Carriage Drivers updating them on the current situation
regarding the taxi ranks and bus bays on the harbour side.
|
16 January 2009
|
Principal Safety and
Licensing Officer
|
Representation sent to
all Hackney Carriage Drivers updating them on the current situation
regarding the taxi ranks and bus bays on the harbour side.
|
3 April 2009
|
Principal Safety and
Licensing Officer
|
Representation sent to
all Hackney Carriage Driver’s regarding the non-observation
of Road Traffic Orders by some Hackney Carriage Drivers.
|
4 December 2009
|
Principal Safety and
Licensing Officer
|
Representation sent to
all Hackney Carriage Drivers informing them of the arrangements for
taxi ranks at Vaughan Parade and The Strand, Torquay.
|
31 August 2010
|
Parking Operations
Officer
|
One enforcement
report.
|
15 October 2010
|
Licensing Support
Officer
|
Letter sent to Mr
Brown regarding illegal parking on the Harbourside in Torquay.
|
25 October 2010
|
Respondent
|
Letter from Mr Brown
advising he has only received one letter and explained the
circumstances of the incidents.
|
1 November 2010
|
Environmental Health
Manager (Commercial)
|
Letter sent to Mr
Brown in response to his letter of 1 November 2010.
|
2 November 2010
|
Parking Operations
Officer
|
One enforcement
report.
|
19 February 2011
|
Licensing Support
Officer
|
Letter sent to Mr
Brown regarding illegal parking on the Harbourside in Torquay.
|
4 March 2011
|
Respondent
|
Letter from Mr Brown
explaining the circumstances surrounding the incidents of illegal
parking.
|
8 March 2011
|
|
Plan of Road Traffic
Orders in place on Torquay harbour side.
|
|
|
Spreadsheet showing
percentage of Taxi Rank space on Torquay harbour side.
|
|
|
Hackney Carriages and
Private Hire Vehicles Byelaw 8.
|
|
Oral representations received from:
Name
|
Details
|
Senior
Licensing Officer
|
The
Senior Licensing Officer outlined the Council’s case, as set
out in Report 94/2011.
|
Respondent
|
The
Respondent explained the circumstances surrounding his breaches of
the Road Traffic Orders and Byelaw 8 and responded to
Members’ questions.
|
Decision:
That Mr Keith
Brown’s Hackney Carriage Driver’s Licence be suspended
for a period of seven days on the ground of ‘any reasonable
cause’, as in accordance with Section 61 (1)(b) of the Local
Government (Miscellaneous Provisions) Act 1976.
Reason for
decision:
Having carefully
considered all the written and oral representations put before the
Sub-Committee, Members resolved this ground to be established
following the number of warning letters that had been issued
...
view the full minutes text for item 703.
|
704. |
Suspension of Hackney Carriage Driver's Licence - Mr Shazad Ramzan PDF 82 KB
To consider Report 96/2011 on the suspension of a
Hackney Carriage
Driver's Licence.
Additional documents:
Minutes:
Members considered Report 96/2011 which
sought a suspension of a Hackney Carriage Driver’s Licence in
respect of Mr Shazad Ramzan.
Written representations received from:
Name
|
Details
|
Date of
Representation
|
Parking Operations
Officer
|
Representation
regarding illegal parking by taxis in Torbay.
|
28 January 2010
|
Police
|
Representation
confirming events over a nine month period on The Strand, Torquay
involving taxi drivers.
|
4 February 2010
|
Public Transport
Officer
|
Briefing paper
regarding taxi parking on The Strand, Torquay and the impact on bus
drivers.
|
27 January 2010
|
Operations Manager
– Torbay Stagecoach South West
|
Representations confirming ongoing problems with
taxis parking at The Strand, Torquay bus stops.
|
28 January 2010,
9 February 2007,
4 July 2006
|
Principal Safety and
Licensing Officer
|
Representation sent to
all Hackney Carriage Drivers updating them on the current situation
regarding the taxi ranks and bus bays on the harbour side.
|
16 January 2009
|
Principal Safety and
Licensing Officer
|
Representation sent to
all Hackney Carriage Drivers updating them on the current situation
regarding the taxi ranks and bus bays on the harbour side.
|
3 April 2009
|
Principal Safety and
Licensing Officer
|
Representation sent to
all Hackney Carriage Driver’s regarding the non-observation
of Road Traffic Orders by some Hackney Carriage Drivers.
|
4 December 2009
|
Principal Safety and
Licensing Officer
|
Representation sent to
all Hackney Carriage Drivers informing them of the arrangements for
taxi ranks at Vaughan Parade and The Strand, Torquay.
|
31 August 2010
|
Parking Operations
Officer
|
One enforcement
report.
|
15 October 2010
|
Licensing Support
Officer
|
Letter sent to Mr
Ramzan regarding illegal parking on the
Harbourside in Torquay.
|
20 October 2010
|
Parking Operations
Officer
|
Two enforcement
reports.
|
18 February 2011
19 February 2011
|
Licensing Support
Officer
|
Letter sent to Mr
Ramzan regarding illegal parking on the
Harbourside in Torquay.
|
4 February 2011
|
|
Plan of Road Traffic
Orders in place on Torquay harbour side.
|
|
|
Spreadsheet showing
percentage of Taxi Rank space on Torquay harbour side.
|
|
|
Hackney Carriages and
Private Hire Vehicles Byelaw 8.
|
|
Additional
information:
Members noted Mr
Shazad Ramzan had advised the Licensing Department that he
was not able to attend the Hearing, and as such agreed that the
Hearing would go ahead in his absence.
Oral representations received from:
Name
|
Details
|
Senior
Licensing Offcier
|
The
Senior Licensing Officer outlined the Council’s case, as set
out in Report 96/2011.
|
Decision:
That Mr Shazad Ramzan’s
Hackney Carriage Driver’s Licence be suspended for a period
of seven days on the ground of ‘any reasonable cause’,
as in accordance with Section 61 (1)(b)
of the Local Government (Miscellaneous Provisions) Act 1976.
Reason for
decision:
Having carefully
considered all the written and oral Representations put before the
Sub-Committee, Members resolved this ground to be established
following the number of warning letters that had been issued from
the Principal Safety and Licensing Officer (dated 16 January 2009,
3 April 2009, 4 December 2009 and 31 August 2010) and the Licensing
Support Officer (dated 20 October 2010 and 4 February 2011) raising
awareness of the concerns of public safety by ...
view the full minutes text for item 704.
|