Agenda and minutes

Venue: Meadfoot Room, Town Hall, Castle Circus, Torquay, TQ1 3DR

Contact: Kay Heywood  Governance Support Officer 01803 207026

Items
No. Item

7.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Addis was elected as Chairman for the meeting.

8.

Minutes pdf icon PDF 112 KB

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 17 July 2014.

Minutes:

The Minutes of the meeting of the Sub-Committee held on 17 July 2014 were confirmed as a correct record and signed by the Chairman.

9.

Licensing Act 2003 – An application for a Variation to a Premises Licence in respect of Abbey Service Station, Avenue Road, Torquay TQ2 5LG pdf icon PDF 130 KB

To consider an application for a Variation to a Premises Licence in respect of Abbey Service Station, Avenue Road, Torquay.

Additional documents:

Minutes:

Members considered a report on an application for a Variation to a Premises Licence in respect of Abbey Service Station, Avenue Road, Torquay TQ2 5LG.

 

The Premises do fall not within the Cumulative Impact Area.

 

Written Representations received from:

 

Name

Details

Date of Representation

Police

Representation in relation to Licensing Objective ‘The Prevention of Crime and Disorder’ and ‘The Protection of Children from Harm.’

15 July 2014

Public Protection

Representation in relation to Licensing Objective ‘The Prevention of Public Nuisance.’

22 July 2014

Interested Parties

16 Representations in relation to Licensing Objectives ‘The Prevention of Crime and Disorder,’ ‘The Prevention of Public Nuisance’ and ‘Public Safety.’  One Representation was in the form of a petition with 38 signatures and the other 15 Representations have a total of 20 signatures.  It is important to note that 6 Interested parties who sent individual Representations have also signed the petition with the 38 signatures.

Various dates

 

Members noted that there had been no additional Representations received from any other Responsible Authority.

 

Oral Representation received from:

 

Name

Details

The Applicant’s Legal Representative

The Applicant’s Legal Representative outlined the application, as set out in the submitted documents and responded to Members questions.

Police

The Police outlined their objection, as set out in the submitted documents, outlined proposed conditions and responded to Members questions.

Interested Parties

The Interested Parties who had returned their Notices to attend, outlined their objections, as set out in the submitted documents and responded to Members questions.

 

Additional Information:

 

Members noted that 13 notices from Interested Parties had been received confirming they were not attending, but were aware that the Committee hearing was taking place and that a further 2 notices were returned stating they were not attending but enclosed additional letters for the attention of the Committee.  Members noted the additional letters were from 2 Interested Parties who had signed the submitted petition and after consultation with the Senior Solicitor was not circulated to Members.

 

Members noted that the Police had proposed 11 conditions, as per Appendix 3 of the submitted report.  The Applicant’s Solicitor, with permission, circulated 11 updated conditions which the Police Licensing Officer confirmed had been agreed.

 

1.    The sale and supply of alcohol between 12 midnight to 05:00, shall be restricted to service by staff through the serving hatch at the front of the premises.

2.    No persons other than management, their staff, site service providers and members of the emergency services shall be allowed access to the premises, other than the forecourt between 12 midnight to 05:00.

3.    All spirits shall be located behind the counter and shall be sold by counter service only.

4.    Alcohol displays within the premises shall be located so that staff can view these displays at all times.

5.    There shall be no alcohol displays within 2 metres of the store entrance.

6.    There will be no sales or supply of beers, ales, lager, bitter or cider with an ABV of more than 6%.

7.    No single cans of alcohol shall  ...  view the full minutes text for item 9.

10.

Conviction of Torbay Council Licensed Driver of Fraud pdf icon PDF 163 KB

To consider a report on the above.

Additional documents:

Minutes:

Members considered a report concerning a Torbay Council Licensed Driver and whether she remained a ‘fit and proper person’ to hold a Torbay Council Driver’s Licence.

 

Members noted that they had received circulated late papers which were a letter from the respondent and character references in support of her case.

 

Decision:

 

To issue a warning in respect of the conviction and failure to notify the Local Authority of this conviction and this that Mrs Daulby seeks assistance in addressing her financial difficulties and that no further offending occurs during the duration of her Licence.

 

Reason for Decision:

 

Having carefully considered all the written and oral representations, Members are satisfied on the evidence before them that there is no risk to Public Safety.

 

Whilst Members had regard to the seriousness of the offence and that within the Policy, Members noted there were no previous concerns and by keeping her licence, this will allow her to make reparations to the public purse.