Agenda and minutes

Licensing Sub-Committee - Thursday 3rd December 2009 9.30 am

Venue: Bad Homburg Room, Civic Centre, Paris Street, Exeter

Contact: Howard Bassett, Member Services Officer  Telephone 01392 265107 or email  howard.bassett@exeter.gov.uk

Items
No. Item

102.

APPOINTMENT OF CHAIR

To appoint a Chair for the meeting.

 

Minutes:

Councillor Sterry was appointed Chair for the meeting.

 

103.

DECLARATION OF INTERESTS

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.

Minutes:

No declarations of interest were made by Members.

 

104.

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 EXCLUSION OF PRESS AND PUBLIC

To pass the following resolution:

 

RESOLVED 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 paragraph 1 of Part I of Schedule 12A of the Act.”

Minutes:

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.

TOWN POLICE CLAUSES ACT 1847 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

105.

Application for the Renewal of a Private Hire Vehicle Licence For A Vehicle Over Eight Years Old (Mr T.G.)

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

 

(Report circulated to Members)

 

Minutes:

The Principal Licensing Officer presented an application from Mr G to renew a Private Hire Vehicle Licence in relation to a vehicle that was over eight years old. The vehicle had first been registered in May 2001 and its licence was due to expire on the 12 November 2009. On the licence renewal date the vehicle would be eight years, six months old. Mr G wished to renew the licence for a further 12 months. On 30 October 2009 the Licensing Sub Committee had granted an interim Hackney Carriage licence to Mr G until a subsequent meeting of this Sub Committee when he would be able to present the vehicle for inspection

 

Mr G was in attendance and stated that he used the car principally for transporting children to school. The car had recently passed the MOT.

 

Members inspected the vehicle.

 

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 eight years old be approved for a period of 12 months, subject to the receipt of an independent mechanical report.

 

(Report circulated to Members)

 

 

 

The meeting closed at 9.40

 

 

LICENSING ACT 2003

106.

Application for a Grant of a Temporary Events Notice - Hole in the Wall, Little Castle Street, Exeter pdf icon PDF 51 KB

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

 

(Report circulated)

 

Additional documents:

Minutes:

Members were advised that the application for a Temporary Events Notice had been withdrawn.

 

(Report circulated)

 

107.

Review of Premises Licence - The Flying Horse Public House, Wonford pdf icon PDF 83 KB

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

 

(Report circulated to Members)

Additional documents:

Minutes:

 

Representing the Devon and Cornwall Constabulary:

 

Ms Lesley Carlo          : Licensing Officer

Sergeant Neil Harvey

 

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 Flying Horse

Mr Andy Martin                        : DPS Manager

 

Also in attendance:

 

Councillor Choules

 

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 for the Flying Horse, Wonford (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.

 

Lesley Carlo stated that there had been three areas of concern the management of the premises, drugs and noise disturbance but since the application for a review had been submitted there had been a big improvement.

 

Management of Premises

 

Mrs Spence was formally the Designated Premises Supervisor (DPS) here and at four other premises but is now DPS for the Flying Horse only. The issues arising from Ms Spence needing to be in four places at once had been resolved.   The premises was now managed by Mr Martin and there have been no complaints since the request for the review was sought on 22 September.   It had been the running of the premises under the previous manager that had led the police to seeka review. This manager was unsuitable with police intelligence linking him to criminal activities and but now he had gone.  Mr Martin was suitable.

 

Drugs

 

A drugs warrant was executed in August 2009 and a large amount of Class A drugs (tested to be cocaine) with a street value of £35,000 was found in a car in the car park. An individual who had been drinking in the premises was arrested. This caused the police concern at the attitude of the management regarding the use of drugs. Mrs Spence had subsequently assumed the managerial role and put in place procedures to address the drug problem including the extension of CCTV to cover the car park area and a new operating policy

 

A second warrant had been executed in September 2009 that concentrated on individuals living in accommodation above the premises.  No drugs were found but  but there had been one arrest for suspected money laundering offences after a sum of money was found, The individual concerned has since moved out of the premises.

 

Noise

 

The problems of noise linked to the premise remained a concern which the police believed contravened the licensing objective of prevention of public nuisance. The police had undertaken a survey of local residents. A further survey had been conducted in Dryden Road. Some of the older residents had requested anonymity because of fear of reprisals. The survey showed that the noise from smokers congregating on the pavement in the front of the  ...  view the full minutes text for item 107.