Agenda and minutes

The Democratic Services Officer advised the meeting of 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.

The Sub-Committee RESOLVED that the minutes of the previous meetings be agreed as a correct record and signed by the Chair.</AI5>

<AI6>

The Chair explained the procedure for the meeting and all parties confirmed that they had received and understood it.

The Public Protection Officer (Licensing) presented the report to the Sub-Committee. He explained that an application had been received to vary the Street Trading Consent times for Jimmy’s Kebab, Pitch 24, Terrace Walk, Bath, from finishing at 03:00hrs to finishing at 04:00hrs every day (to trade an hour later).

He informed the Sub-Committee that a number of objections were received on the grounds of potential increase in Anti–Social behaviour, noise and litter which affects nearby residential and commercial premises.

Decision and Reasons

Members have had to determine an application to vary a Street Trading consent at Pitch 24, Terrace Walk, Bath, to increase the hours of operation by one hour at the end of each day.  In determining the application, Members had regard to the Local Government (Miscellaneous Provisions) Act 1982, Council Policy and Human Rights Act 1998.

Mr Navarette addressed the committee on behalf of the applicant. He explained to members that the applicant is passionate about providing good food, he has been on site for 3, nearly 4 years and never had to call the police. He does not play music nor have flashing lights and always cleans up the area after they finish their work. He always pays his fees on time and ensures his paperwork is up to date. He tries to maintain a low level of noise. Mr Navarette explained that his client had recently installed CCTV to help reduce crime and anti-social behaviour, was passionate about providing a service in a good and safe manner and does not serve alcohol. On questioning regarding the CCTV, Mr Navarette explained that his clients feel CCTV is a good deterrent and the police had welcomed it, as it can help with other enquiries. He accepted that they see the need for it and recognise anti-social behaviour in and around the area.

Mr Navarette noted that there are two pitches very close to Mr Yilmaz’s which have recently been granted extensions of time until 4am. He asked Members to consider allowing a trial period consent for the additional hour if needs be.

Mr Navarette alluded to a petition that his client had in support of the application.

As this was late additional information and such information would only be admitted in exceptional circumstances, the Chair invited representations from the parties in relation to its late admission. Mr Cochrane, solicitor for The Abbey Hotel who had made an objection, objected to the late admission of this material on the basis that it would have to be examined carefully to identify who had signed it where they had come from. Councillor Craig echoed these observations, unless it could be established that the people who had signed the petition live or work in close proximity to the pitch, it would be of limited reliability. In the circumstances members decided not to allow the petition to be admitted into evidence but acknowledged its existence. Mr Navarette thanked members for considering the issue.

There was a written representation from Mr Josh Watts on  ...  view the full minutes text for item 29.

The Sub-Committee is asked to consider passing the following resolution:

“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, RESOLVES that the public shall be excluded from the meeting for the following item(s) of business and the reporting 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.   

The members of the Sub-Committee agreed that they were 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. They RESOLVED that the public should be excluded from the meeting for the following item(s) of business and the reporting 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.

The Lead Officer - Licensing presented the report to the Sub-Committee. He explained that the Sub-Committee are asked to consider the matter, determine the issue and take any action it may consider suitable after hearing any representation from the licensee or any representative acting on their behalf.

The members of the Sub-Committee and Team Leader, Legal Services asked questions of the licensee regarding each of the complaints against him and he responded accordingly.

Decision and Reasons

Members have had to consider whether or not the applicant is fit and proper to continue to hold his combined Hackney Carriage/Private Hire Driver’s licence in the light of a complaint regarding a number of incidents, received against him. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law, Council Policy, the written account of the complaint, the applicant’s oral representations and the Local Authority Designated Officer’s written representations.

Members heard from the licensee in oral representations who explained that he was no longer doing the Home to School runs and had no desire to go back to doing them. The licensee accepted that he had completed the safeguarding course in January this year and that covered how and who to report any safeguarding concerns to. He explained that he did not report anything because he thought it would have “fallen on deaf ears” and explained that the particular run needs an escort, something which he also admitted he had not reported. The licensee indicated in oral representations that things had been taken out of context but in hindsight he wishes he had not made the comment regarding the weed.

On questioning, the licensee was asked why he thought the girl had made an unprompted complaint and his explanation for this was that she had a reputation for telling tales and she had overreacted. On questioning, he accepted he was not there and could not comment on her reaction.

The licensee was taken through each of the allegations made against him and his oral representations were in accordance with his account in interview under caution at Annex C of the report. In essence, whilst he accepted some of the allegations, he said they were taken out of context and with the benefit of hindsight he should have done some things differently. He accepted that he that should not have said the comment he did in relation to cannabis. He apologised to members if he had caused concern and could not understand why the allegations were made.

Members read a statement from BANES’ Local Authority Designated Officer at Annex D of the report, which set out her concerns that the licensee had, broadly:

-  Engaged in a conversation that was not appropriate

-  Failed to report to the transport team or school, significant incidents during the journey which related to the children’s behaviour being difficult to manage

-  Been given information that suggests a child has suffered harm or is at risk of suffering harm  ...  view the full minutes text for item 31.