Agenda and minutes

None.

None.

To approve and sign the Minutes of the meeting held on 28 August 2024.

The Sub-Committee noted that there was an error in the Minutes from the previous meeting attached to the agenda which incorrectly recorded the date of the meeting held on the 31 July 2024 as the 30 July 2024.

It was proposed by Cllr Hayes and seconded by Cllr Bradford that the Minutes of the meeting held on the 28 August 2024 be approved with the amendment made to the date on the printed public minutes. The minutes were therefore unanimously approved as a correct record and signed by the Chair.

The Sub-Committee noted the information provided by way of the report. In particular the Sub-Committee noted that the vehicle’s MOT certificate expires in March 2025, with no advisories and that the vehicle passed its annual taxi inspection test on 13 September 2024. The Applicant was in attendance and answered questions put to them by the Sub-Committee.

The Sub-Committee were satisfied that the vehicle was in a good and sound condition and that public safety would not be compromised by the granting of the licence sought.

Decision

Accordingly, the Sub-Committee granted the new Hackney Carriage Vehicle Licence as detailed in the report with the additional condition of a six month vehicle test to monitor the condition of the vehicle due to its age.

RECOMMENDED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1,2 and 5 of Part 1 of Schedule 12A of the Act.

It was proposed by Cllr Hayes, seconded by Cllr Rollason and unanimously agreed that the meeting move into Part II for the next agenda item.

The Sub-Committee gave consideration to a report presented by the Licensing Officer (previously circulated) in which determination was sought in respect of an application for a new combined Hackney Carriage / Private Hire Vehicle Driver’s Licence.

The Applicant attended the meeting in person and answered questions put to him by the Sub-Committee.

Arising from consideration of the report, evidence presented and in accordance with the Council’s procedure for hearings, it was moved by Councillor Hayes and seconded by Councillor Rollason, and

RESOLVED that the application for a new combined Hackney Carriage Vehicle Drivers Licence be granted under Section 51 (1)(a) and Section 59 (1)(a) of the Local Government (Miscellaneous Provisions) Act 1976. The Sub-Committee felt that the conduct of the Applicant as set out in the Report and supporting documents, along with representations made, supported its view that they are a fit and proper person to hold such a Licence.

Reasons for the decision:

Members noted the information set out in the Report relating to the Applicant’s conviction for driving or attempting to drive with alcohol level above limit in February 2020, along with the current licence endorsement for exceeding the speed limit on a motorway in January 2022. The Sub-Committee noted that the convictions are considered relevant as the driving of taxis is a ‘Regulated Occupation’. As such questions may be asked as to the suitability of an individual to be granted a licence. The Sub-Committee were also informed that the Applicant had disclosed one of two convictions on his application.

In response to questioning the Applicant explained to the Sub-Committee that he had disclosed the two convictions but for some reason one had not shown up, he is unsure why but there was no intention to mislead the Licensing Officers.

The Applicant further went on to explain the reasons for his conviction for driving or attempting to drive with alcohol level above limit. He had been drinking the night before and was stopped by police the following morning for being over the limit. He received a fine and disqualification for 17months and the length of disqualification had been reduced following the completion of a course. The Applicant said this course had opened his eyes to the seriousness of what he had done even if this had been unintentional.

The Sub-Committee heard that the conviction has changed his whole life, and he deeply regrets what happened. He lost his job as a taxi driver and now very rarely drinks. He also has a daughter to support along with his partner and he wants to find better paid and more stable work to be able to do this which is what he hopes the taxi driver’s licence will provide.

The Sub-Committee thanked the Applicant for appearing before them and for answering their questions. The Sub-Committee noted the Applicant’s history and that the offence had happened in 2020. They accepted that he appeared to be remorseful, had not intentionally set out to drive whilst over the limit and had completed the  ...  view the full minutes text for item 125.

RECOMMENDED that, under Section 100A(4) of the Local Government Act 1972 the press and public be allowed into the meeting.

It was unanimously agreed that the meeting move back into Part I for the remaining agenda item.

The Sub-Committee gave consideration to a report presented by the Licensing Officer (previously circulated) in which determination was sought in respect of an application for a new Premises Licence for Baskervilles Ice Cream Parlour and Coffee Shop, 2-4 Ford Street, Moretonhampstead, TQ13 8LN.

The Applicant attended the meeting and was permitted to speak and also answered questions put to them by the Sub-Committee.

A representative for those who had submitted representations also attended the meeting.

Arising from consideration of the report, evidence presented and in accordance with the relevant provisions of the Licensing Act 2003 Statutory Guidance, and the Council’s Licensing Policy, it was moved by Councillor Rollason and seconded by Councillor Hayes, and

RESOLVED that the Application in respect of a new Premises Licence for Baskervilles Ice Cream Parlour and Coffee Shop, 2-4 Ford Street, Moretonhampstead, TQ13 8LN be granted for the supply of alcohol for consumption on the premises with food but with the following amendments to the hours requested:

Monday to Saturday 10am-7.30pm

Sunday 10am-4.30pm

Reasons for the decision:

The Sub-Committee heard from the Licensing Officer who confirmed that the application had been submitted to allow the supply of alcohol for consumption on the premises 7 days a week. The 9 representations received related mainly to the protection of children from harm, public safety and the prevention of public nuisance specifically an increase in noise.

The Sub-Committee then heard from the Objectors’ spokesperson who stated some had been too scared to speak up. Objectors are primarily concerned with the impact the noise will have on the surrounding residential homes. The premises is surrounded by stone walls and noise is amplified and reflected back from other tall buildings. This is further exacerbated in the evening when it is naturally quieter and there is a concern that people having consumed alcohol will make the premises louder still. The Objectors’ spokesperson believes that effective mitigation has not been submitted by the applicant to address these concerns as the only mitigation mentioned is a reference in the application to staff being trained.

Objectors are also concerned about the safety of children and the potential for issues to be caused from alcohol being served where ice cream is also served to children. The spokesperson also mentioned the risk of drunk customers wandering out of the premises into traffic as there is no pavement and only a swing gate and low wall to separate people from the road. There were further concerns that the building could pose a safety risk to the public as it was not believed building regulations had been signed off for the works undertaken.

The spokesperson continued and explained to the Sub-Committee that it is felt the Applicants are trying to circumvent the planning restrictions put on the property by Dartmoor National Park relating to the hours that outside drinking and eating is allowed by applying for longer hours on the premises licence.

There were also further allegations that the Applicants have been speaking to those who  ...  view the full minutes text for item 127.