Agenda and minutes

Licensing Committee - Tuesday, 22nd February, 2022 6.00 pm

Venue: Council Chamber - Civic Centre, Poulton-le-Fylde. View directions

Contact: Daphne Courtenage  Assistant Democratic Services Officer

Items
No. Item

43.

Declarations of Interest

Members will disclose any pecuniary and any other significant interests they may have in relation to the matters under consideration.

Minutes:

None.

44.

Confirmation of minutes pdf icon PDF 277 KB

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on 18 January 2022.

Minutes:

The minutes of the meeting of the Licensing Committee held on the 18 January 2022 were approved as a correct record.

45.

Exclusion of the public and press

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive has determined that the report submitted under item 5 of this agenda is “Not for Publication” because it contains “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.

 

 If the Committee agrees that the public and press should be excluded for this item, it will need to pass the following resolution:

 

 “That the public and press be excluded from the meeting whilst agenda item 5 be considered, as it refers to exempt information as defined in category 1 (information relating to any individual) of Part 1 of Schedule 12(a) of the Local Government Act, 1972, as amended by the Local Government (Access to Information) Variation Order 2006 and, that the public interest in maintaining the exemption outweighs the public interest in disclosing the information”.

Minutes:

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive had determined that the reports submitted under item 5 of this agenda were “Not for Publication” because they contained “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.

 

The Committee passed the following resolution: “That the public and press be excluded from the meeting whilst agenda item 5 was being considered, as it referred to exempt information as defined in category 1 (information relating to any individual) of Part 1 of Schedule 12(a) of the Local Government Act 1972, as amended by the Local Government (Access to Information) Variation Order 2006 and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.”

46.

Application for the review of a Premises Licence

Report of the Corporate Director Environment.

Minutes:

The Corporate Director Environment submitted a report to provide members of the Licensing Committee with information to assist members to determine an application from Lancashire Constabulary, submitted under section 51 of the Licensing Act 2003 (the Act), seeking a review of a premises license.

 

The responsible authority, Lancashire Constabulary, was represented by Sergeant Nat Cox.

 

As the owner and Designated Premises Supervisor (DPS) was not in attendance, the Chair asked the committee whether the hearing could continue in their absence. The committee agreed to continue with the hearing.

 

The committee asked questions of the responsible authority representative.

 

All participants who were not involved in considering the decision were then asked to leave during the committee‘s deliberations. Only the members of the committee, the Legal Services Manager and the assistant democratic services officer remained in the room whilst the case was considered.

 

The Licensing Committee then reconvened and the Chair announced the decision.

 

Decision:

The committee agreed with the recommendation of the responsible authority to revoke the premises license.

 

Reasons for the decision:

After considering all of the evidence presented, members were satisfied that one or more of the licensing objectives were being undermined by the operation of these premises, and felt that the appropriate response to the evidence put in front of them was to revoke the premises license.

47.

Hackney Carriage and Private Hire Licensing Policy pdf icon PDF 147 KB

Report of the Corporate Director Environment.

Additional documents:

Minutes:

The Corporate Director Environment submitted a report to discuss the Hackney Carriage and Private Hire Licensing Policy, following a taxi licence hearing on the 18 January 2022 in which the committee asked the officers to review their procedure relating to accidents involving taxi drivers.

 

The Manager of Food, Health & Safety and Licensing introduced the report. She reminded members that this was a request by the committee following a discussion from the last meeting over the number of accidents a Wyre licensed taxi driver could incur before officers investigated the issue.

 

She explained to members that this was not a change in policy, as this would be too time consuming given that the new policy was about to take effect; however the policy did already state that history of compliancy would be taken into consideration.

 

 She said to members that this was therefore an improvement in internal procedures, which would strengthen officers’ abilities to look at accidents on a case by case basis and within an appropriate timescale, and that staff had already been trained in these procedures, including procedures for accidents declared late or which had not been declared but made aware to the licensing authority.

 

Members were content with the improvements made to internal policy. The committee voted to agree to the new internal licensing authority procedures.