Councillor Ellery was elected as Chairman for the meeting.

To receive apologies for absence, including notifications of any changes to the membership of the Sub-Committee.

It was reported that the membership of the Sub-Committee had been amended for this meeting by including Councillors Atiya-Alla and Douglas-Dunbar instead of Councillors Barbara Lewis and Mills.

To consider an application for a new Premises Licence in respect of Fishcombe Cove Café, Fishcombe Cove, Brixham, TQ5 8RA.

Members considered a report on an application for a Premises Licencein respect of Fishcombe Cove Café, Fishcombe Cove, Brixham. 

Written Representations received from:

Oral Representations received from:

Applicant’s response to Representations:

The Applicant confirmed that she had accepted the additional conditions proposed by the Police.

Decision:

That the application for a Premises Licence in respect of Fishcombe Cove Café, Fishcombe Cove, Brixham be approved as applied for, subject to the addition of the conditions proposed by the Police, as agreed by the Applicant.

Reason for Decision:

Having carefully considered all the written and oral representations, Members were satisfied that the imposition of the additional conditions alleviated the concerns of the Police and in turn, would ensure that these premises operations, upheld the Licensing Objectives.

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of the following item on the agenda on the grounds that exempt information (as defined in Part 1 of Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

Prior to consideration of the item in Minute 7 the press and public were formally excluded from the meeting on the grounds that the item involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

To consider an application to renew a Torbay Council issued dual Hackney Carriage and Private Hire drivers licence.

Members considered an exempt report regarding an application to renew a Dual Hackney Carriage and Private Hire Driver’s Licence.  At the meeting, Members heard representations from the Licensing Officer and the Applicant who also responded to Members questions.

Decision:

That the Applicant’s application to renew his dual Torbay Council Driver’s Licence, be refused.

Reasons for Decision:

In coming to that decision, Members carefully considered having been charged with the responsibility to determine the drivers’ licence, whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person to whom they care or any other vulnerable person known to them to get into a vehicle with the Applicant alone.  An unequivocal and unanimous answer by Members to this question, was ‘no’. 

Furthermore, Members found the Applicant’s oral representation to be inconsistent and contradictory to that provided by the Police and determined on the evidence before them, that the Police’s evidence to be reliable.

Members were alarmed to learn from the explanation given by the Applicant, of the incident which occurred on the 10 September 2021, that he thought it acceptable driving behaviour, having been asked by a member of the public to wait at the scene of an alleged criminal incident which he was intrinsically linked to, to drive his licensed vehicle towards that pedestrian who was trying to assist in the incident, mount the pavement in an attempt to drive around the obstructing pedestrian, clipping her with his wing mirror in the process, and then to continue driving with another assisting pedestrian on top of the outside of his licensed vehicle, subsequently breaking, to cause that pedestrian to fall off, sustaining, thankfully in Members opinion, what were reported to be only  minor injuries. 

Members determined also that inconsistencies in the explanation given by the Applicant, was no more than a poor attempt to justify his conduct during this incident. In coming to that opinion, Members noted that the reason given by the Applicant for wanting to leave the scene, being that he had another fare he needed to get to, and found this not to be persuasive or a satisfactory justification for his conduct, given he already had a fare, being the two passengers, he had dropped to the shop and had been waiting for their return, to convey them on to another destination.

Members found the Applicant’s conduct surrounding the incident on 10 September 2021 to be wholly unacceptable and fell well below the standard reasonably expected by them of a professional driver licensed by Torbay Council.

With regards to the incident on 29 April 2022, Members noted that the Applicant had been stopped after committing a moving traffic offence of excessive speed and was swabbed by the Police, testing positive for cocaine. Of great concern, Members noted that the Applicant was caring out his duties as a licensed driver at the time.  The Applicant was subsequently arrested and released pending investigation.  The explanation given by the Applicant, as to  ...  view the full minutes text for item 7.