Agenda and minutes

It was noted that Councillor Morgan was substituting for Councillor Shiell.

(Director of Governance) To declare interests in any item on this agenda.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

The Sub-Committee noted the agreed procedure for the conduct of business.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

RESOLVED:

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

     5                 Consideration of current

Private Hire Driver’s Licence for a Hackney                           1

                        In regards to – Mr Seeley

    5a                Application for a Hackney                                                       1

                        Carriage Driver’s Licence –

                        Mr Collings

    5b                Application for a Hackney                                                       1

                        Carriage Driver’s Licence –

                        Mr Mead

(Director of Neighbourhoods) To consider the attached report.

The Sub-committee noted that Mr Seeley’s case would be going to a future meeting.

(Director of Neighbourhood) To consider the attached report.

The Sub-Committee considered an application by Mr Collings for a Hackney Carriage Driver’s Licence. The three councillors that presided over this item were Councillors M Sartin, N Bedford and H Mann. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee. The applicant was accompanied by a character witness who attested to the applicant’s personality.

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Compliance Officer informed the Sub-Committee of the circumstances by which the Licence could not be issued under delegated authority.

The Applicant made a short statement in support of his application, before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Sub-Committee debated the application in private.

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

Resolved:

That the application for a Hackney Carriage Driver’s Licence for Mr Collings be granted subject to conditions.

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application by Mr Mead for a Hackney Carriage Driver’s Licence. The three councillors that presided over this item were Councillors M Sartin, N Bedford and H Mann. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee. The applicant was accompanied by his wife.

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Compliance Officer informed the Sub-Committee of the circumstances by which the Licence could not be issued under delegated authority.

The Applicant made a short statement in support of his application, before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Sub-Committee debated the application in private.

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

Resolved:

That the application for a Hackney Carriage Driver’s Licence for Mr Mead be granted subject to conditions.

To invite the public and press back into the meeting for the remaining items of business.

RESOLVED:

That the public and press be invited back into the meeting for the remaining items of business.

(Director of Neighbourhoods) To consider the attached report and documents.

The three Councillors that presided over this item were Councillors Morgan, Bedford and Mann. Councillor Morgan assumed the Chairmanship for this portion of the meeting.

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee. In attendance on behalf of the application were Mr M Rocha, the applicant’s agent and Mr C and Mrs L Fernandes, the applicants. On behalf of the objectors were Mr W Young and a Mrs S Cornford.

(a)          The application before the Sub-Committee

The Licensing Compliance Officer Ms Moran introduced the application.  This application had been made by Mr and Mrs Fernandes, trading as Papillon Restaurant for a variation to the premises licence. The authority had received this application on 24 June 2015 and set out the times requested.

The responsible authorities had received a copy of the application and it had been properly advertised at the premises and in a local newspaper. The Licensing authority had received no representations from the responsible authorities. They had however, received 10 representations from interested parties which related to the prevention of Crime and Disorder, Public Safety and Public Nuisance.

(b)          Presentation of the Applicant’s Case

Mr Rocha explained that this was a local family Italian restaurant of four years standing. There had never been any problems there. Part of what they were asking for was to extend their initial closing hours from a 3pm close to a continuous time from 11am to 23.00 or 01.00 on Fridays and Saturdays. They also wished to sell alcohol until they closed and to provide late night refreshment. This extension of hours was because they tended to struggle to service their customers on Friday and Saturday nights.

As for providing music, it would be ambient music only, not played loudly for dancing.

This was not a fast food restaurant; they had already put in resources to help our customers for example by booking cabs for them.

(c)          Questions for the Applicant from the Sub-Committee

Councillor Morgan asked it there would be any live music. He was told that there would not be any.

Councillor Bedford asked if they would consider putting in a noise limiter. The applicant agreed to do this.

(d)          Questions for the Applicant from the Objectors

Mr Young commented that they were presently closing at 11pm, when did their last customers actually leave. He was told that this was a bit difficult to pin down, if they received a customer at 10.45, they did not want to hurry them out as it always took time to eat.

Mr Young asked if they had a smoking zone at the back of the premises. He was told that they did, it was for the customers and it was there to keep control of the noise.

Mr Young then noted that they did not allow loud music; did they also have control over which customers  ...  view the full minutes text for item 27.