Agenda and draft minutes

Councillor Holland 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.

It is considered unlikely that the Committee would wish to exclude the press and public during consideration of the items on this agenda.  If, however, the Committee were to exclude the press and public, a resolution in the following form should be passed:

“RECOMMENDED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the particular item(s) on the grounds that it (they) involve the likely disclosure of exempt information as defined in paragraph(s) of Part I of Schedule 12A of the Act.”

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 and 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 items 5, 6 and 7 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 Members of the Licensing Sub-Committee together with the Legal Advisor, Apprentice Solicitor, Principal Licensing Officer, Environmental Health Officer, Environmental Health Apprentice and Democratic Services Officer. The Legal Advisor set out the hearing procedure and the Applicant, who was in attendance, agreed that the procedure was understood.

The Principal Licensing Officer presented the application to grant a new premises Licence at 174 Sidwell Street, EX4 6RH for a bar/restaurant with both on and off sales of food and drink, for the times as set out in the report.

The application included a plan of the premises and the Applicant had included additional conditions in the Operating Schedule of the application to promote the Licensing Objectives. It was confirmed that the application had been advertised on the premises and in the local newspaper in accordance with the requirements of the Licensing Act 2003, with the last date for representations being 22 April 2024.

It was confirmed that two representations objecting to the Application relating to the Licensing Objectives of the Prevention of Public Nuisance, the Prevention of Crime and Disorder and Public Safety. The representations were from Environmental Health and Devon and Cornwall Police. The representations were listed in an appendix to the report.

No other representations had been received from any other residents or Responsible Authority. 

The Applicant spoke in support of their application and responded to questions from Members and the Legal team.

All parties present 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 be granted as applied for, subject to conditions for the reasons set out in the formal decision notice attached.

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

Councillor Bennett took over the chair for the remainder of the meeting and introduced the Licensing Sub-Committee Members and Officers.

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

The Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a 4 passenger Ford Mondeo Titanium X which was over 10 years old at the renewal date. The vehicle was first registered on 31 July 2013.

The Applicant had submitted vehicle MOT certificate dated 5 March 2024 showing a recorded mileage of 337,689 miles and the MOT history indicated that the vehicle had failed its MOT, twice in seven years. An independent mechanical inspection report dated 9 March 2024 had also been submitted, together with photographs of the vehicle. The vehicle had been inspected by a Licensing Officer who considered the vehicle to be in very good condition.

The 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 the Applicant considered that their circumstances justified a deviation from the policy.

The Applicant was in attendance and spoke in support of their application and responded to questions, from Members, the Service Lead - Legal Services, the Apprentice Solicitor and the Licensing Officer.

Members, having considered the Application, considered the vehicle to be in excellent condition and considered granting a twelve-month application, would allow the Applicant the opportunity to purchase a new vehicle.

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

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

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

The Licensed 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 Apprentice Solicitor set out the procedure for the hearing and the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976. 

The Apprentice Solicitor stated that 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 to the Licensing Sub-Committee setting out the issues that had resulted in the Licensed Driver being brought before the Licensing Sub-Committee for a determination.     

The Licensed Driver was in attendance and made submissions in response to the evidence set out in the report and responded to questions from Members, the Service Lead – Legal Services and the Apprentice Solicitor. The Licensing Sub-Committee, having considered the report and submissions from the Licensed Driver, were satisfied that the Licensed Driver was a fit and proper person to hold a taxi driver’s licence. Written notice of the Licensing Sub-Committee’s decision would be issued to the driver within five (5) working days. However, the Licensed Driver would also be issued with a formal written warning from the Chair.

RESOLVED that the Licensing Sub-Committee was satisfied that the Licensed Driver was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle.

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

The Chair introduced the Licensing Sub-Committee Members and Officers, advising that Councillor Snow had been called away and, resultingly, the panel was made up of two members instead of three. The Applicant confirmed that he agreed for the hearing to proceed with two members.

The Applicant 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 Apprentice Solicitor set out the procedure for the hearing and the provisions of Section 51 of the Local Government (Miscellaneous Provisions) Act 1976. 

The Apprentice Solicitor stated that the evidential burden was on the Applicant to satisfy the Licensing Sub-Committee on the balance of probabilities that the Applicant was 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 to the Licensing Sub-Committee setting out the issues that had resulted in the Applicant being brought before the Licensing Sub-Committee for a determination.     

The Applicant was in attendance and made submissions in response to the evidence set out in the report and responded to questions from Members, the Service Lead – Legal Services and the Apprentice Solicitor. The Licensing Sub-Committee, having considered the report and submissions from the Applicant, were satisfied that the Applicant was a fit and proper person to hold a taxi driver’s licence. Written notice of the Licensing Sub-Committee’s decision would be issued to the driver within five (5) working days. However, the Applicant would also be issued with a formal written warning from the Chair.

RESOLVED that the Licensing Sub-Committee was satisfied that the Applicant was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle.