Agenda and minutes

To appoint a Chair for the meeting.

It was agreed that Councillor Newby would act as Chair for this meeting of the Licensing Sub Committee.

Councillors are reminded of the need to declare personal and prejudicial interests, including the nature and extent of such interests, in relation to business on the agenda, before any discussion takes place on 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 consider the report of the Head of Environmental Health Services.

(Report circulated)

In attendance were:

Mr Sadgrove - the Applicant

Representing the Devon and Cornwall Constabulary:

Inspector Brent Davison          

PC Alaric Spendlove    :Alcohol Related Crime Reduction Officer

Ms Lesley Carlo: Police Licensing Officer

The Application

In introducing his application, Mr Sadgrove referred to the objection relating to the proposed use of Verney House as a base for his business. He acknowledged that drink and drug related incidents were associated with Sidwell Street and that there was a fear that homeless people would gravitate to Verney House if they could get alcohol there and that he was therefore prepared to consider an alternative premises.

He explained that the main premise of his proposal was to sell alcohol on a membership basis. The public would be required to provide details of their name and address and proof of identity including age either on the doorstep or when they first registered through a visit to the Bring the Booze office. The majority of the stock would be kept off the site in a separate storage facility with a limited amount retained at the office for deliveries. Mr Sadgrove suggested that a close analogy would be that of a pizza delivery business. He also compared the sale of alcohol from his business with that of a supermarket that provides a home delivery service from a telephoned or internet order.

The Licensing Solicitor advised that if he wished to propose an alternative office base he should withdraw his current application and submit a new one. The Principal Licensing Officer also stated that if he wished to pursue this avenue he must submit a new application. Lesley Carlo stated that the police objections related to the nature and operation of the business, not the premises. On reflection, Mr Sadgrove confirmed that he wished to proceed with his current application in respect of the proposed base at Verney House as presenting a further application for an alternative base would entail an unacceptable delay in his business plans.

Councillor Wadham asked if those who made subsequent orders would be checked against a membership list and enquired how payments would be made. He also asked if the individual delivering the alcohol would be accompanied in the delivery van.

Mr Sadgrove stated that the membership scheme was in response to police concerns that certain customers could be problematic. He had met with the police on three occasions to discuss his application. Details of all customers would be recorded with a view to refusing future service if problems had occurred and were traceable to certain individuals. Ideally, payments would be by credit card but cash would also be acceptable. He would deliver the alcohol and his partner, Melissa Rees, would staff the office.

In response to Councillor Cole, Mr Sadgrove advised that stock retained in the premises or in the van would be sufficient for immediate needs, the rest to be kept in storage.

Councillor Newby stated that he was concerned for the welfare of Mr Sadgrove and any co-driver. With the possibility  ...  view the full minutes text for item 14.

Thursday 28 February 2008

Present

Councillors Cole, Newby and Wadham.

Also present

Principal Licensing Officer, Licensing Solicitor and Member Services Officer (HB)

The hearing in respect of Min. No. 18 convened during the adjournment of the Licensing Act 2007 hearing.

It was agreed that Councillor Newby would act as Chair for this meeting of the Licensing Sub Committee.

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 son the grounds that they 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 Head of Environmental Health Services.

(Report circulated to Members)

The Chair introduced the Sub-Committee Members and Officers.

The Principal Licensing Officer reported that Ms M had applied for a renewal of an existing Private Hire Vehicle Licence for a vehicle which is over 8 years old. Although the vehicle had been purchased in August there was a statutory duty to register the transfer within 14 days. This had not been undertaken.

Ms McClain owned a black Ford Mondeo, first registered to her on the 1 February 2008. Its licence was due to expire on the 18 February 2008.  On the licence renewal date the vehicle would be 8 years and 4 months old. A short-term licence had been issued to cover the time between the renewal date and the date of the hearing.

Ms M was in attendance. She wished to renew the licence for a further 12 months. She currently worked for a City operator in an administrative capacity and also possessed a Private Hire Vehicle driver licence. She had been driving the taxi one or two nights a week since before Christmas and was keen to return to full time driving. The current mileage on the car was 187,000 which she felt was not particularly high for a diesel vehicle of this nature.  As it was a private hire vehicle it had not been adapted for private hire. She had spent £211 to renew the licence and a further £800 on tax and MOT. She was a single parent with a mortgage and could not afford a newer car at present.

She reported that she had obtained the car in August but had not registered it at that time as she was seeking to change her name on her driver’s licence. This had occurred before Christmas but she had forgotten at that time to register.

Members inspected the vehicle.

The applicant and the Principal Licensing Officer left the room while the Sub Committee deliberated.

RESOLVED that the application for the renewal of a Private Hire Vehicle Licence for a vehicle which is over 8 years old be approved for a period of 6 months, subject to the receipt of an acceptable independent mechanical report

(Report circulated to Members)

To consider the report of the Head of Environmental Health Services.

(Report circulated to Members)

The Principal Licensing Officer reported that Mr L had submitted an application for a Private Hire/Hackney Carriage drivers licence. However, in view of the applicant’s declared conviction the matter had been referred to the Sub-Committee for consideration.

The Principal Licensing Officer stated that Mr L had been convicted of an assault on a female, his partner, and as this conviction was not yet spent he could not deal with it under delegated powers. He added that prior to the hearing taking place the lady in question had been waiting to speak to the Committee to advise that she wanted to support Mr L in his application but had left because the child needed feeding etc and she could wait no longer. The Principal Licensing Officer concluded by saying that although the matter in question was an act of violence against a woman and could not be condoned in any way, the time that had elapsed since the incident and the support shown by the partner suggested that the licence could be issued without any major concerns for the future.

Mr L attended the meeting and explained the background to the conviction. The Sub Committee noted the background and the fact that he had been driving for 20 years. It was also noted that he had held a licence in the past.

The applicant and the Principal Licensing Officer left the room while the Sub Committee deliberated.

RESOLVED that the application be granted with a warning that the licence would be at risk if he was convicted of any further offences during the period of the licence.

(Report circulated to Members)