Agenda and draft minutes

Councillor Vizard 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 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 Principal Licensing Officer and the Democratic Services Officers. The Legal Advisor set out the hearing procedure and the Applicant, who was in attendance, agreed that the procedure was understood. The Applicant was accompanied by a colleague from German Events Ltd, and also a representative of Crown Estates as the operator of Princesshay who was attending as an observer. 

The Principal Licensing Officer presented the application to grant a new premises license for German Events Ltd, Princesshay Main Square, Bedford Street, EX1 1QA for a seasonal bar with seven temporary Snow House ‘igloo’ structures to be sited in the main public area of Princesshay.  He confirmed that there had been one representation received which was relevant to the Licensing Objective, of the Prevention of Public Nuisance.  It was also noted that there had been five other representations, which had also raised concerns over the impact of noise impact, but these were later withdrawn, following the confirmation that recorded music would only be played at low levels within the private igloos with  one or two speakers at the bar area. The hours of operation for the premises were confirmed as Monday to Sunday 11.00am until 10.00pm.

The application had been advertised on the premises on Tuesday 22 September 2020 and in the local newspaper on 24 September 2020, with the end date for representations to be received by 19 October 2020. It was proposed that the dates of operation would be from the 7 December until the 22 December inclusive.  However, the latest national lockdown as a result of Covid-19 and greater restrictions, which had just come onto force as of 5 November until 2 December 2020, included the closure of all non-essential establishments which would affect the commencement of operation of the application.

The Applicant was in attendance and spoke in support of their application and responded to questions from the Members and the Legal Advisor.  He was keen to stress they were conscious of the local residents within Princesshay and would continue to work harder to ensure that any impact was as low as possible.  At the request of a Member, the Applicant confirmed that a contact number would be made available to Princesshay Management on site.

The Applicant’s team would work hard to ensure that they observed the appropriate social distancing and hygienic practices of Covid-19 with correct and natural ventilation of the igloos, stringent cleaning practices, and limited staff interaction of the table service being offered.  It was also noted that the site would be cleaned and closed down within a 30 minute period. The Licensing Sub-Committee considered all the relevant evidence and information presented. A Management Plan was also submitted as part of the application.

RESOLVED: that the application be granted as applied for subject to conditions consistent with the Operating Schedule and for the reasons set out in the formal decision notice attached.

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 items 5 and 6 on the grounds that if 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 the following items on 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 Service Lead - Environmental Health & Community Safety.

The Chair introduced the Licensing Sub-Committee Members and Officers.

The driver had been referred to the Licensing Sub-Committee to determine if he was a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

The Legal Advisor set out the procedure for the hearing and the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 and stated that the evidential burden was not on the Licensed Driver to prove he was fit and proper but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the Licensed Driver was no longer a fit and proper person. Every case before the Licensing Sub-Committee was heard on its individual merits and its paramount concern is the safety of the travelling public.

The Principal Licensing Officer presented the report and gave evidence in respect of the driver who had held a Hackney Carriage / Private Hire Licence. The driver was in attendance to and spoke in support of their fitness and propriety to hold a taxi licence. The Principal Licensing Officer noted specifically section 3.4 of the report which identified that the Licenced Driver last attended Disability Awareness Training in January 2015, and hence is overdue to attend mandatory refresher training.

Members discussed the importance of Licensed Driver’s attending the Council’s Disability Awareness Training programme and mandatory refresher training.

RESOLVED that the Licensing Sub-Committee were satisfied that the Licensed Driver was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle.  A written warning shall be issued by the Chair of the Licensing Sub Committee with regard to future conduct and to include a direction to attend a refresher disability awareness training as soon as practicable before 1st April 2021.

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

The Chair introduced the Licensing Sub-Committee Members and Officers.

The driver had been referred to the Licensing Sub-Committee to determine if he was a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

The Legal Advisor set out the procedure for the hearing and the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 and stated that the evidential burden was not on the Licensed Driver to prove he was fit and proper but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the Licensed Driver was no longer a fit and proper person. Every case before the Licensing Sub-Committee was heard on its individual merits and its paramount concern is the safety of the travelling public.

The Principal Licensing Officer presented the report and gave evidence in respect of the driver who had held a Hackney Carriage / Private Hire Licence. The driver was in attendance to and spoke in support of their fitness and propriety to hold a taxi licence.

Members discussed the importance of Licensed driver’s attending the Council’s Disability Awareness Training programme and mandatory refresher training.    

RESOLVED that the Licensing Sub-Committee were satisfied that the Licensed

Driver was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle. A verbal direction was given to attend a refresher disability awareness training as soon as practicable before 1st April 2021.