Minutes

Councillor Newby was appointed Chair for this meeting.

No declarations of interest were made by Members.

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act.

The Principal Licensing Officer presented an application from Mr T to renew a Hackney Carriage Vehicle Licence in relation to a vehicle which was over eight years old. The vehicle had first been registered on the 14 September 2001 and its licence was due to expire on the 6 October 2009. On the licence renewal date the vehicle would be eight years and seven months old. 

Mr T attended the meeting and spoke in support of his application.

The Sub Committee retired to make its decision in the presence of the Licensing Solicitor and the Member Services Officer.

RESOLVED that the application for the renewal of a Hackney Carriage Licence for a vehicle which is over 8 years old be approved for a period of 12 months, subject to the receipt of an independent mechanical report.

(Report circulated to Members)

Representing the Devon and Cornwall Constabulary:-

Ms Lesley Carlo          : Licensing Officer

Sergeant Neil Harvey

Mr David Campbell

PC Matthews

Mr John Bean 

In attendance for the respondent were:-

Mr Matthew Phipps                 : TLT Solicitors

Mr Hugh O’Rourke                  : Punch Taverns Business Relationship Manager

Mrs Anne Spence                   : DPS The Half Moon

The Chair introduced the Sub-Committee Members and Officers.

The Licensing Solicitor reported that an application had been received from the Devon and Cornwall Constabulary seeking a review of the premises licence relating to the Half Moon, Whipton (the premises) under Section 51 of the Licensing Act 2003, as they believed that the licensing objectives relating to crime and disorder, prevention of public nuisance and the protection of children from harm were being undermined at the premises.

Introduction by Mr Campbell

Mr Campbell stated that the Sub Committee would be aware from the local paper that Ms Spence was a DPS in respect of the premises and other licensed premises and that her former partner had been imprisoned for three and a half years for actual bodily harm. Because of these circumstances it was likely that reference would be made to Ms Spence’s domestic situation during the course of the hearing and he therefore requested that the press and public be excluded from the meeting. The Crown Court had ordered that any reference to Ms Spence’s domestic situation be subject to contempt of court proceedings. It was necessary for the Licensing Sub Committee to make provision to address this with parallel effect.

Response from Mr Phipps

Mr Phipps, with reference to the Court Order, agreed that it would be appropriate for the press and public to be excluded from the hearing should any matter be discussed relating to the domestic situation of Ms. Spence.

The Licensing Solicitor advised that the hearing was not bound by the Court Order but that it could move to exclude the press and public in accordance with Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.

Ms Carlo stated that she wished to cover the following four areas:-

(1)                Crime and Disorder

(2)                Drugs

(3)                CCTV

(4)                Management of the premises

She also stated that the time set out in respect of incident 8 on the log of incidents should read 18.10 hours.

Crime and Disorder

She compared the logs of the various incidents at the Half Moon with the absence of any incidents at a neighbouring pub.

Mr Phipps, in response, stated that he had no questions under this section.

Drugs

Ms Carlo highlighted the following incidents.

Incident 8 in the log of incidents on 4 April 2009. A male had been stopped at the rear of the premises and admitted possession of herbal cannabis.

Incident 14 on 5 June 2009. Herbal matter believed to be cannabis had been found in the top draw of a bedside cabinet and Kirsty Brown, the former DPS at the premises, had been warned.

Incident 19 on 5 July 2009. A male had kicked chairs around  ...  view the full minutes text for item 83.