Agenda and minutes

Venue: Meadfoot Room - Town Hall. View directions

Contact: Lisa Warrillow 

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 icon 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 icon 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:

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 icon 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 icon 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.