Agenda and minutes

Councillor Wood was appointed as Chair for this meeting.

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

No declarations of interest were made by Members.

To pass the following resolution:

RECOMMENDED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for item 4 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.

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 item 4 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.

To consider the report of the Service Lead - Environmental Health & Community Safety.

The Chair introduced the Licensing Sub Committee Members and Officers.

The Legal Advisor set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

The Principal Licensing Officer presented the application to renew a Private Hire

Vehicle licence in relation to a four passenger, without wheel chair access vehicle which was over 9 years old at the renewal date.

The Applicant had submitted a current MOT certificate dated 30 November 2022, with a recorded mileage of 203,314 miles and the MOT history of the vehicle had raised no concern. An independent mechanical inspection report, dated 30 November 2022 had also been submitted and the vehicle had been inspected by a Licensing Officer who considered it to be in a very good condition. The vehicle was confirmed to have been plated and licenced by Exeter City Council since 20 December 2016.

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination. Vehicles over 10 years old should not be granted, however, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if they considered that their circumstances justified a deviation from the policy.

The Applicant was in attendance spoke in support of the application and responded to questions from Members and the Legal Advisor.

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted for 12 months.

To consider the report of the Service Lead - Environmental Health & Community Safety.

The Chair introduced the Members of the Sub-Committee together with the Legal Advisor, the Apprentice Solicitor, the Principal Licensing Officer and the Democratic Services Officer. The Legal Advisor set out the hearing procedure and all parties in attendance, agreed that the procedure was understood.

The Principal Licensing Officer presented the application which sought a variation of an existing premises licence in respect of the No 3 Gin Bar, Topsham. Members were referred to the currently licensed for the following licensable activities of the premises outlined in the report presented at the meeting.

The application had been advertised on the premises and in the local newspaper as required by legislation and sought to provide additional regulated entertainment in the form of live music and to extend the sale of alcohol and late night refreshment at the premises from Monday to Sunday as outlined in the report presented at the meeting.

The Applicant had submitted a number of conditions as appropriate to promote the

Licensing Objectives which were also contained within the application included with the agenda.

Five representations had been received from interested parties living near the premises related to the licensing objectives of the prevention of public nuisance, public safety and prevention of crime and disorder.

The Applicant was in attendance and spoke in support of their application and responded to questions from Members, the Legal Advisor, the Principal Licensing Officer and respondents. Two local residents who had made representations, were in attendance to speak on the matter and responded to questions from Members, the Legal Advisor, and the Principal Licensing Officer.

All parties were advised that a decision notice would be issued within five working days of the hearing. The Legal Advisor stated that the parties had a right of appeal against the decision notice to the Magistrates Court within 21 days of being notified of the decision.

The meeting was closed so that the Members could determine the application.

RESOLVED that the application to vary the licence be refused for the reasons set out in the formal decision notice attached.