Agenda and draft minutes

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Contact: Sean O'Neill  01225 395090

Items
No. Item

81.

EMERGENCY EVACUATION PROCEDURE

The Chair will draw attention to the emergency evacuation procedure as set out under Note 5 on the previous page.

Minutes:

The Democratic Services Officer advised the meeting of the procedure.

82.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

There were none.

83.

DECLARATIONS OF INTEREST

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.

Minutes:

There were none.

84.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

85.

MINUTES: 21 DECEMBER 2017 pdf icon PDF 94 KB

Minutes:

These were approved as a correct record and signed by the Chair.

86.

EXCLUSION OF THE PUBLIC

The Committee is asked to consider passing the following resolution:

 

“the 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, RESOLVES that the public shall be excluded from the meeting for agenda items 8 and 9 and that the reporting of this part of the meeting be prevented under Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.   

Minutes:

The 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, RESOLVED that the public should be excluded from the meeting for agenda items 8 and 9 and that the reporting of this part of the meeting should be prevented under Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.   

 

87.

TAXI PROCEDURE pdf icon PDF 35 KB

The Chair will draw attention to the procedure to be followed for the next two items of business.

Additional documents:

Minutes:

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

88.

APPLICATION FOR HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE - MISS K A S pdf icon PDF 26 KB

Additional documents:

Minutes:

Miss KAS confirmed that she understood the procedure to be followed for the hearing.

 

The Senior Public Protection Officer summarised the report. He provided Members with a DBS certificate in respect of Miss KAS and a statement submitted by her. The meeting was adjourned to allow Members time to study these documents.

 

Following the adjournment Miss KAS stated her case and was questioned by Members.

 

Following an adjournment the Sub-Committee RESOLVED that Miss KAS was a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence, and delegated authority to the licensing officer to issue the licence, subject to the applicant completing all steps required by the licencing process.

 

Reasons

 

Members have had to determine an application for a combined Hackney Carriage/Private Hire Driver’s Licence. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

 

The applicant stated that the caution was a one-off. She said she learned her lesson and that she has grown up a lot. She told members that she would really like to have a change of career and hold a licence. The intention is for her to work for her uncle’s taxi company. She has held a position of responsibility for approximately 6 years now.

 

Members took account of the applicant’s oral representations, written statement and balanced these against the information contained in the Disclosure and Barring Service Certificate.

 

Members noted that the Council’s policy expects that an applicant will not have been cautioned by the police for an offence during the previous two years. Ms KAS was cautioned in 2014 and was not therefore, caught by this part of the policy. Members find Ms KAS has held a position of responsibility since then and regrets her actions. She has learned her lesson and grown up. Members find Ms KAS to be a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence.

 

Authority is delegated to the licencing officer to issue the licence subject to the applicant completing all steps required by the licensing process.

 

89.

APPLICATION FOR HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE - MR S J B pdf icon PDF 26 KB

Additional documents:

Minutes:

The applicant confirmed that he understood the procedure to be followed for the hearing.

 

The Senior Public Protection Officer summarised the report. He provided Members with a copy of a Disclosing and Barring certificate in respect of Mr SJB, a statement submitted by him and reference given on his behalf. The hearing was adjourned to allow Members time to study these documents.

 

Following the adjournment Mr SJB stated his case and was questioned by Members. With the agreement of Members he submitted two further references and internet feedback from customers of his business.

 

After a further adjournment the Sub-Committee RESOLVED that Mr SJB was a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence and delegated authority to the licensing officer to issue the licence, subject to the applicant completing all steps required by the licensing process.

 

Reasons

 

Members have had to determine an application for a combined Hackney Carriage/Private Hire Driver’s Licence. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

 

The applicant stated that he had his own removal business for the last three years which he runs from his home address and he had the idea to apply for a Combined Hackney Carriage/Private Hire Driver’s Licence to compliment that business. He told members that he is embarrassed by his convictions, that he did not have a very good upbringing. He said that he does not think he was a bad person but got into some stupid situations. He said would not be the person he is now if he did not have the past he had. He explained that the term of imprisonment and the effect that it had on his children and wife, had changed his life. He wants to be a good Dad and a good person. He said he was an immature young man back then under the influence of alcohol. He said he was sorry for what he had done and wants to make his life and his kids’ life better. Mr S J B said he had worked since he was 17 and has a full clean driving licence. He said that marriage had taught him how to handle situations better and he said he is not the same person now and had made changes in his life. He just wants to look after his family and make a better life.

 

Members allowed the applicant to provide some additional documentary information in support of his application including two additional references and positive reviews of his current business.

 

Members took account of the applicant’s oral representations, written statement references and reviews and balanced these against the information contained in the Disclosure and Barring Service Certificate.

 

Members noted that Mr SJB had remained conviction free for the period anticipated by the policy but they could depart from that where there are good reasons for doing so. Members took a serious view of Mr SJB’s offending  ...  view the full minutes text for item 89.

90.

RETURN TO OPEN SESSION

The Sub-Committee will return to open session.

Minutes:

The Sub-Committee returned to open session.

91.

LICENSING ACT PROCEDURE

The Chair will, if required, explain the Licensing Act procedure, which will be followed for the next item of business.

Additional documents:

Minutes:

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

92.

APPLICATION FOR A NEW PREMISES LICENCE FOR CIRCO BAR AND LOUNGE, 15-18 GEORGE STREET, BATH BA1 2EN pdf icon PDF 3 MB

Minutes:

Applicant: The Halcyon (Bath) Ltd, represented by Paul Newson (General Manager/Director) and Giles Thomas (owner)

 

Other Persons: Richard Brown (not present and not represented) and Danielle Jefferies-Clarke (not present and not represented)

 

Responsible Authority: Avon Fire and Rescue represented by Ian Strand and John Brown.

 

The parties present confirmed that they understood the procedure to be followed for the hearing.

 

The Public Protection Officer summarised the report. He said that the applicant was seeking to consolidate three existing premises licences into a single licence covering the whole of their building. Members noted that there had been representations from two Other Persons in relation to the licensing objectives of the prevention of public nuisance and the prevention of crime and disorder and from Avon Fire and Rescue service in relation to the licensing objective of public safety, and that the premises is located in the Cumulative Impact Area.

 

Mr Newson stated the case for the applicant. He said the applicant currently held a licence for 15 George Street. The aim of this application was to include the whole of their building within the area of the existing licence. So they were not applying for a wholly new range of activities, but only for what they were already providing in the area. They had spoken to everyone who had made a representation, and had agreed to accept a reduced capacity limit within the building, and also not to have extended hours in the outside area. He said that the applicants had a vested interest in achieving the licensing objectives, as they offered accommodation to paying guests within the building. There was guest accommodation costing up to £480 per night immediately above the bar in the outside area. The bar had operated for the past 3-4 years, and its extension into the Circo area for over a year. Efforts were made to ensure that customers left quietly. The applicants would continue to strive to keep the impact on residents and guests to the minimum.

 

In response to questions from Members, Mr Newson stated:

 

  • Currently half the building has to close at 00:00 and the other half at 03:00. Extending the 03:00 terminal hour would mean that customers were not forced into a smaller area after 00:00. In addition extending the licence to the whole building would actually increase the number of fire exits.

 

  • Usually their premises closed at 23:00 on Mondays to Thursdays and at 03:00 on Fridays and Saturdays. There was no music on Mondays to Thursdays.

 

  • It was never intended to broadcast recorded music in the outside area, but only to have background music there; it was only after the application had been made that he had discovered that no authorisation was required for background music. The garden would close at 23:00.

 

  • He was content to accept a capacity limit of 260 persons for the whole building.

 

  • Food ceased to be served 15 minutes before the terminal hour.

 

Mr Strand and Mr Brown stated the case for Avon Fire and Rescue  ...  view the full minutes text for item 92.

93.

STREET TRADING PROCEDURE pdf icon PDF 33 KB

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

Additional documents:

Minutes:

The procedure was noted.

94.

APPLICATION FOR STREET TRADING - PITCH 99 , MILSOM STREET, UNION STREET, BATH STREET, ABBEYGATE STREET pdf icon PDF 6 MB

Minutes:

The Public Protection Officer advised that the applicant had withdrawn the application.