Agenda and minutes

The Democratic Services read out the procedure.

Councillor Gabriel Batt sent his apologies, Councillor Anthony Clarke was his substitute. 

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.

There are no minutes to be considered at this meeting.

There were no minutes to be considered at the meeting.

The Committee is asked to consider passing the following resolution:

“that, 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(s) of business because of the likely disclosure of exempt information as defined in paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the Act, as amended”.

RESOLVED “that, 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(s) 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.”

RESOLVED that the procedure for this part of the meeting be noted.

The Sub-Committee considered the report which sought consideration of information and complaints received regarding the behaviour of Mr S during the term of his hackney carriage/private hire driver's licence.  Then to consider what action, if any, should be taken.

Mr S was present.  The Chair read out the procedure to ensure Mr S understood the process of the meeting.

The Public Protection Officer presented the report and stated that he had some photographs of screen shots from Mr S's mobile phone of texts sent to a female.  The Public Protection Officer circulated the photographs.  The applicant and the officer withdrew from the meeting while Members took some time to consider these.

Mr S put his case and was questioned as to what had happened.  Mr S then made a closing statement.

Following an adjournment it was

RESOLVED that the hackney carriage/private hire driver's licence in respect of Mr AVS be revoked.

Reasons for decision

Members have had to consider what action to take, if any, as a result of complaints received against Mr AVS the holder of a combined hackney carriage and private hire driver's licence.

In doing so, they took account of the Local Government (Miscellaneous Provisions) Act 1976, the Human Rights Act 1998, Home Office guidelines and the Council’s adopted policies.

Members had to consider whether Mr S remained a fit and proper person to hold a drivers licence and therefore asked themselves whether they would allow their son, daughter, spouse, partner or anyone they cared about to travel alone in a vehicle driven by Mr S.

Members heard that Mr S had been the subject of the following complaints: On 12 October 2012 allegations were made that he made physical advances towards a lone female passenger.  On 5 December 2012 Mr S was arrested on suspicion of kidnap following an allegation that a female was taken against her will.  On 6 August 2013 the police were called to an incident over a phone lost in Mr S’s taxi by one of two female passengers.  Mr S found the phone, returned it but demanded further payment claiming he had restarted the taximeter.  On arrival the police noted the females surrounded by three large male taxi drivers.  On 28 October 2013 the Licensing Authority was notified of an allegation that Mr S pressurised a lone female to get into his car then pestered her for her phone number following which he texted and called her.  Members noted those text messages were retained by the complainant who brought these to the attention of the Taxi Company and police.  Members also noted that that this incident left the complainant feeling ‘totally freaked out’ and uncomfortable when alone in her home given Mr S knew where she lived.

Whilst the Crown Prosecution Service decided not to take matters further Members noted the following correspondence from the Licencing Officer.  On 8 January 2013 Mr S was advised a report had been received from the Police regarding his conduct, the matter had been placed  ...  view the full minutes text for item 75.

The meeting returned to open session.

RESOLVED that the procedure for this part of the meeting be noted.

The Sub-Committee considered the report which sought determination of an application for a new premises licence, under Section 17 of the Licensing Act 2003, in respect of the Post Office, Pensford.

The applicant Mr Patel was present with his agent Mr Leahy.  The applicant confirmed he had read and understood the procedure for the meeting.

The Public Protection Officer presented the report and explained that the application was for:

Sale of Alcohol for consumption off the premises:

Monday - Saturday    08:00 to 22:00

Sunday  08:00 to 20:00

and opening hours:

Monday - Saturday  08:00 to 22:00

Sunday  08:00 to 20:00

The Public Protection Officer continued to explain that the application had been served on all appropriate responsible authorities and two representations had been received from local residents in respect of crime and disorder and public nuisance.

The applicant's agent presented the case and explained that Mr Patel currently ran a similar convenience store in Whitchurch and had bought the freehold of the premises and wished to add the sale of alcohol at the store.  He stressed it was the only convenience store in the village.  The agent stated that there were no restrictions on trading times and they had offered some conditions on the operating schedule.

In response to questions the applicant or his agent made the following points:-

·  the applicant had done some research prior to purchase and since and as it was the only convenience store in the village wanted to add alcohol and be able to open later in the future if he wished,

·  the applicant sold alcohol at his Whitchurch store and there had been no issues,

·  it was the only convenience store and there were three public houses.

The Public Protection Officer stated that neither of the two residents who made representations were present and no representations were made by the responsible authorities.

The applicant's agent was invited to sum up.  In respect of the representations he stated that the impact on traffic and noise was referred to but there was no evidence of this.  Traffic would tend to be local and the hours were reasonable for a convenience store.  Mr Patel added that he wished to enhance what was on offer for sale to local customers from his shop and believed one objection was from another business.  Relating to public safety, he stated that Pensford tended to have older residents and youngsters were in the minority.  He agreed it was a busy road but people already parked there for the pub and shop.  He added that many local residents wanted him to be an off licence.

The Legal Adviser stated that road traffic matters were irrelevant to the application and so should be disregarded and there was no objection on public safety grounds.

Following an adjournment it was

RESOLVED that delegated authority be given to Public Protection Officers to issue a premises licence in respect of The Post Office, Pensford, as applied for and with conditions consistent with the operating schedule.

Members  ...  view the full minutes text for item 78.