Agenda and minutes

Venue: Meadfoot Room - Town Hall. View directions

Contact: Lisa Warrillow 

Items
No. Item

690.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Addis was elected as Chairman for the meeting.

691.

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 Richards instead of Councillor Excell.

 

692.

Minutes pdf icon PDF 56 KB

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 24 March 2011.

Minutes:

The Minutes of the meeting of the Sub-Committee held on 24 March 2011 were confirmed as a correct record and signed by the Chairman.

693.

Paddy's Bar and Restaurant, 107 Winner Street, Paignton pdf icon PDF 59 KB

To consider Report 90/2011 on an application for review of a Premises Licence in respect of Paddy’s Bar and Restaurant, 107 Winner Street, Paignton.

Additional documents:

Minutes:

Members considered Report 90/2011 which sought a Review of a Premises Licence in respect of Paddy’s Bar and Restaurant, 107 Winner Street, Paignton.

 

Written representations received from:

 

Name

Details

Date of Representation

 

Police

Application (plus supporting documentation) for a Review of the Premises Licence on the grounds of ‘The Prevention of Crime and Disorder’, ‘Public Safety’ and ‘The Prevention of Public Nuisance’, as set out in Appendix 1 to Report 90/2011.

 

2 March 2011

Respondent

Letter from the Respondent offering to engage an appropriately licensed and experienced Manager / Manageress, as set out in Appendix 4 to Report 90/2011.

5 March 2011

 

Additional Information:

 

Prior to the Sub-Committee, the Applicant requested 15 minutes to present their application.  The Sub-Committee agreed to this extension of time at the hearing and informed the Respondent’s Solicitor that he too would be entitled to 15 minutes when making his oral representation.

 

Oral representations received from:

 

Name

 

Details

Police (Applicant)

The Police Representative outlined the details of the application, as set out in the written representations and proposed additional conditions to be added to the Premises Licence to address their concerns and to ensure that the Licensing Objectives were being promoted.

 

The Police Representative also played two CD’s demonstrating the poor quality of the CCTV footage currently being recorded by the equipment in Paddy’s Bar and Restaurant, 107 Winner Street, Paignton.

 

Respondent’s Solicitor

The Respondent’s Solicitor responded to the written and oral representations made by the Police and confirmed that the Respondent had agreed to the proposed conditions suggested by the Police.  The Respondent’s Solicitor, the Respondent and Respondent’s Partner proceeded to respond to questions from the Members.

 

Decision and Reason for Decision

 

Having carefully considered all the written and oral representations Members resolved to remove Mr Walsh as the Designation Premises Supervisor and to modify the conditions of the Premises Licence, as proposed by the Police and accepted by the Respondent.

 

In addition Members would like it noted that they still have serious concerns about the future management of this Premises, in light of the personal relationship between the current Premises Licence Holder and new proposed Designated Premises Supervisor.

 

However, Members were reassured that the Police would bring a further Review of these Premises should future incidents occur.

694.

Suspension of Hackney Carriage Driver's Licence - Mr Paul Stone pdf icon PDF 82 KB

To consider Report 91/2011 on the suspension of a Hackney Carriage

Driver's Licence.

Additional documents:

Minutes:

Members considered Report 91/2011 which sought a suspension of a Hackney Carriage Driver’s Licence in respect of Mr Paul Stone.

 

Written representations received from:

 

Name

Details

Date of Representation

Parking Operations Officer

Representation regarding illegal parking by taxis in Torbay.

 

28January 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.

29 October 2010

 

Licensing Support Officer

Letter sent to Mr Stone regarding illegal parking on the Harbourside in Torquay.

 

3 November 2010

Parking Operations Officer

Two enforcement reports.

18 and 19 February 2011

 

Licensing Support Officer

Letter sent to Mr Stone regarding illegal parking on the Harbourside in Torquay.

 

4 March 2011

Respondent

Letter from Mr Paul Stone responding to a letter sent by the Licensing Support Officer, reference SRU 160041, explaining the difficulties of using the ranks on the Harbourside.

 

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.

 

 

 

Additional information:

 

Members noted Mr Paul Stone was not present for the Hearing and agreed the Hearing would be held in his absence, as no reason for his absence had been made to the Licensing Department.

 

Oral representations received from:

 

Name

Details

 

Senior Licensing Officer

The Senior Licensing Officer outlined the Council’s case, as set out in Report 91/2011.

 

 

Decision:

 

That Mr Paul Stone’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,  ...  view the full minutes text for item 694.

695.

Suspension of Hackney Carriage Driver's Licence - Mr Dariush Zarezadeh pdf icon PDF 83 KB

To consider Report 92/2011 on the suspension of a Hackney Carriage

Driver's Licence.

 

Additional documents:

Minutes:

Members considered Report 92/2011 which sought a suspension of a Hackney Carriage Driver’s Licence in respect of Mr Dariush Zarezadeh.

 

Written representations received from:

 

Name

Details

Date of Representation

Parking Operations Officer

Representation regarding illegal parking by taxis in Torbay.

 

28January 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 showing two incidents of and two photographs showing a taxi parked illegally on Union Street, Torquay.

18 October 2010

22 October 2010

 

Licensing Support Officer

Letter sent to Mr Zarzedah regarding illegal parking on Union Street, Torquay.

 

28 October 2010

Parking Operations Officer

One enforcement report.

19 February 2011

 

Licensing Support Officer

Letter sent to Mr Zarezadeh regarding illegal parking on Union Street, Torquay.

 

4 March 2011

Respondent

Letter from Mr Dariush Zarezadeh responding to a letter sent by the Licensing Support Officer, dated 4 March 2011, which offered an explanation for the incidents of illegal parking.

 

10 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.

 

 

Environmental Health Manager (Commercial)

Witness Statement regarding an incident of illegal parking on the Harbourside on 19 February 2011.

 

7 April 2011

 

Oral representations received from:

 

Name

Details

 

Senior Licensing Officer

The Senior Licensing Officer outlined the Council’s case, as set out in Report 92/2011.

 

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 Dariush Zarezadeh’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,  ...  view the full minutes text for item 695.