Agenda and minutes

Licensing Committee
Friday, 5th April, 2019 10.00 am

Venue: Newton room, The Guildhall Arts Centre, St Peter's Hill, Grantham. NG31 6PZ

Contact: Lucy Bonshor 

Items
No. Item

70.

Apologies

71.

Disclosure of interests

72.

Minutes of the meeting held on 1 February 2019 pdf icon PDF 183 KB

EXCLUSION OF THE PUBLIC

It was anticipated that, in accordance with Section 100A (4) of the Local Government Act 1972 (as amended) the public may be excluded from the meeting during consideration of the following item of business because of the likelihood that otherwise exempt information, as described in paragraphs 1 and 2 of the Act (as amended) would be disclosed to the public.

 

73.

Application for a Hackney Carriage Drivers Licence

    Report CSL167 from the Licensing Officer.

    Additional documents:

    Minutes:

    Decision:

     

    That a hackney carriage driver’s licence is issued for one year.  Subject to the applicant keeping a clear record and receiving no complaints, the licence would continue for a further two years.

     

    The Licensing Officer submitted exempt report CSL167 which concerned an application for a hackney carriage driver’s licence.  The Licensing Officer informed the Committee that the applicant had continuously held a hackney carriage drivers licence with the authority from May 2009 to May 2018 when the licence was revoked with immediate effect.  In October 2012 the applicant had come before the Licensing Committee and the Committee had suspended his licence for three months.

     

    The Licensing Officer gave the Committee background information on the applicant, the reason for the immediate suspension as well as two separate revocations made by Peterborough City Council when the driver was a Private Hire Driver in Peterborough. The applicant had also received South Kesteven District Council penalty points in April 2016 for failure to notify the authority of any motoring or criminal convictions within seven days of said conviction and also in May 2017 for failure to produce relevant documents within timescale.    The Licensing Officer gave a timeframe in relation to the alleged offence that had been reported to the Police and that no further action had been taken by the Police due to evidential difficulties.

     

    The applicant’s representative then gave a statement in relation to what had happened the night of the alleged offence.  Through the statement read out, the applicant indicated that the allegations made against him were false.  He felt that he had followed all the relevant policies and had co-operated fully with the Police.  He had informed the Licensing team promptly following the alleged offence.  The alleged offence had been very stressful and had a detrimental effect on his family life.  He felt that he had not done anything wrong and he had been truthful with both the Police and the Licensing Team.

     

    The Licensing Officer asked about the texting that had been carried out and the appropriateness of the texts to which the applicant replied, together with his reasoning for the texts, given the location and time of night.  Members of the Committee asked the applicant further questions about the text messages to which the applicant confirmed that he had given the information himself.

     

    The Licensing Officer gave his closing statement and referred Members to the two options open to the Committee which were:

     

    a)    To issue a licence to drive a hackney carriage, or

    b)    To refuse to issue a licence to drive a Hackney Carriage on the grounds that the applicant is not a fit and proper person to hold such a licence under section 59(1) of the Local Government (Miscellaneous Provisions) Act 1976.

     

    The applicant gave a short closing statement reiterating what he had said previously as well as the fact that his DBS was clean and he hoped the Committee would take this into consideration.

     

    (10:23 the Licensing Officer and applicant left the meeting)

     

    Members  ...  view the full minutes text for item 73.

74.

Application to a renew a Sex Shop Licence
Pulse & Cocktails, A1 southbound, Stoke Rochford, Grantham pdf icon PDF 199 KB

    Report CSL168  by the Licensing Officer.

    Additional documents:

    Minutes:

    The meeting went back to open session.

     

    Decision:

     

    That the Licensing Committee approve the renewal of the application for a Sex Shop Licence in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policy and Crime Act 2009).

     

    Members had been circulated with report CSL168 which concerned an application to renew a Sex Shop Licence for the premises known as Pulse & Cocktails, A1 southbound, Stoke Rochford.

     

    In accordance with the Authority’s procedures, all applications relating to sex establishments, with the exception of uncontested transfer applications, must be heard by the Licensing Committee.   Each application had to be determined on its own merits; however, refusal of a licence could only be on certain mandatory and/or discretionary grounds as outlined within the report.

     

    The applicant had run a sex shop since April 2009 and no complaints had been received during this time.  The applicant was not varying the licence in any way and was only applying to renew the licence as it currently stood:

     

    Monday – Sunday 09:00 – 22:00hrs (including Bank Holidays)

     

    The applicant was not in attendance as no representations had been made to the application and it was not deemed necessary.

     

    The options available to the Committee with regard to the application were:

     

    -       To renew the application as applied for

    -       To renew the application with modifications and/or additional conditions

    -       Refuse the renewal.  If having considered the renewal application the committee decides to refuse it, it must provide the applicant with the reasons for the decision in writing.

     

    Members considered the application before them having regard to relevant policies and procedures surrounding licensing the premises.  As there had been no complaints made from any of the responsible authorities, members of the public or nearby businesses, it was proposed, seconded and unanimously agreed to approve the licence as applied for.

     

75.

Close of meeting