Agenda and minutes

The Democratic Services Officer read out the procedure.

There were none.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

There were none.

There was none.

RESOLVED that the minutes of the meeting of 16^th December 2014 should be approved as a correct record and signed by the Chair.

The Chair drew attention to the procedure to be followed for the next item of business.

RESOLVED that, the Sub-Committee having been satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business, because of the likely disclosure of exempt information as defined by paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the Act as amended.

This item had been deferred from the meeting of 16^th December 2014.

Mr MM was not present and had not contacted the office since the previous hearing. The Sub-Committee decided to consider the report in his absence.

The Public Protection Officer presented the report. He reminded Members that the issue was Mr MM’s fitness to continue to hold a combined Hackney Carriage/Private Hire licence in view of his medical condition. Mr MM had voluntarily surrendered his licence on 24^th November 2014. There was no clear diagnosis of Mr MM’s condition or of when he might be fit to resume driving. He circulated a copy of an email received from Mr MM’s GP. Members adjourned to consider this document. After they reconvened, they RESOLVED to revoke Mr MM’s licence.

Decision and reasons

Members have had to determine whether to take any action against a licensee having disclosed a medical condition. In doing so they have taken account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, Council’s Policy, case law and the DVLA current medical guidelines for professional drivers.

Members were due to determine this issue on 16 December 2014, however Mr MM’s sister was ill and could not attend the meeting of the LSC on that day. As such Members deferred their decision but put Mr MM on notice that should he fail to attend this meeting the matter may be determined in his absence.

In deciding whether to proceed in Mr MM’s absence today Members took into account the fact that he was notified by letter dated 16 December 2014 that if he did not attend today’s meeting, it may be heard in his absence. Members also had regard to the fact that no messages had been received by the taxi licensing office or the Guildhall reception in relation to his non-attendance today. In fact no contact has been made by Mr MM since the last hearing, although his sister did write to the Council to apologise for her non-attendance at the last hearing due to illness.

Members heard that the licensee’s GP informed the office on 21 November 2014 that the licensee has a chronic relapsing psychotic illness. Whilst this illness has been stable for several years at the present time, it is not under control and he is not fit to drive, nor will he be for some time. Members noted that on 24 November 2014 the licensee attended the office and voluntarily surrendered his combined Hackney Carriage/Private Hire driver’s badges and agreed to stop driving.

Members had regard to the DVLA’s Group 2 vocational drivers’ current medical guidelines. In relation to acute psychotic disorders of any type the guidance states “driving must cease pending the outcome of medical enquiry and that it is normally a requirement that the person should be well and stable for 3 years before driving can be resumed.’ Further, that ‘the DVLA will normally require a consultant’s report that specifically addresses the relevant issues before the licence  ...  view the full minutes text for item 120.

The Sub-Committee returned to open session.

Members noted the procedure to be followed for the next item of business.

Applicant: Farrington Farm, represented by Tish Jeffery (owner) and Paul Castle (Business Manager)

The Public Protection Officer summarised the report and noted the additional information that had been received from the applicant, Parish Council and ‘other person’, which had been circulated to Members before the meeting.

Mr Castle stated the case for the applicant. He said that part of Farrington Farm already had a premises licence. Since October 2014 a new section of the Farm had been developed and a function room and play centre had been established. Patrons using these facilities who wished to have an alcoholic drink had to cross the road to the café to do so. Customers had asked why this was necessary. The main business of the farm was food; it was not and would not be a drinking establishment. However, it had been decided to apply for an additional licensed area, which included places where children played. He was convinced that it was possible to meet the needs of adult customers while keeping the exemplary operating record that they had achieved with the existing licence. They also wished to be able to provide quiet times for children during which they would be entertained with suitable films. Mr Castle indicated on the plan the two areas where it was intended to screen films, one of which was near the car park and the other near the farm building. He said films would be back-projected so that there would not be a great deal of ambient light.

In reply to questions from Member, Mr Castle and Mrs Jeffery stated:

• staff worked on every part of the site according to the roster and so they all had training in and experience of alcohol sales

• there would be parking spaces for 60-70 vehicles on the site

• there would always be senior people in attendance to ensure the business was being operated properly; they were proud of being a professionally-run business

• films shown would always be appropriate to the age group of the children concerned; the reputation of the business was important

The Senior Legal Adviser pointed out the discrepancy between the Sunday opening hour of 09:00 and the start time for the showing of films of 08:00 on Sundays. Mr Castle said that they would be happy for it to be 09:00 for both.

The applicants were invited to sum up.

Mr Castle said that Farrington Farm was a business with a reputation to maintain. The vast majority of alcohol sales accompanied food. He did not think traffic would be a problem.

Following an adjournment, the Sub-Committee RESOLVED to grant the application as applied for.

Decision and reasons

Members have determined an application for a new premises licence at Farrington’s Farm Shop, Home Farm, Main Street, Farrington Gurney, Bristol. In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy and the Human Rights Act 1998.

Members are aware that the proper approach under the Licensing Act is to be reluctant  ...  view the full minutes text for item 123.