Agenda and minutes

None.

To elect a Chair for the duration of the meeting.

It was proposed by Cllr J Petherick, seconded by Cllr Kerswell and

RESOLVED that Cllr D Cox be elected Chair for the duration of the meeting.

None.

To approve and sign the Minutes of the meeting held on 6 March 2023.

The Minutes of the meeting held on the 6 March 2023, were approved as a correct record and signed by the Chair.

Should the Committee wish to exclude the press and public during consideration of the items on this agenda, the following resolution should be passed:-

RECOMMENDED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting of the particular item(s) on the grounds that it involve(s) the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12A of the Act.

The Licensing and Regulatory Sub-Committee considered an application for a Hackney Carriage Vehicle Licence Extension for a Ford Mondeo vehicle registration CV11 AXN.

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 on 28 March 2024, with no advisories. The Sub-Committee were informed that the vehicle passed its annual taxi inspection test on 31 March 2023.

The Sub-Committee was 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 12 month Hackney Carriage Vehicle Licence Extension as detailed in the report with 4 monthly vehicle inspections due to the age of the vehicle.

The Licensing and Regulatory Sub-Committee considered an application for a Hackney Carriage Vehicle Licence Extension for a Skoda Octavia vehicle registration FY61 XHR.

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 on 3 October 2023, with one advisory. The Sub-Committee were informed that the vehicle failed its annual taxi inspection test on 28 March 2023 due to a lack of tariff card and was due to be retested on the afternoon of the 3 April 2023.

The Sub-Committee was 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 12 month Hackney Carriage Vehicle Licence Extension as detailed in the report with 4 monthly vehicle inspections due to the age of the vehicle and subject to the vehicle passing the retest and all paperwork being provided to the licensing officer.

The Licensing and Regulatory Sub-Committee considered an application for a Hackney Carriage Vehicle Licence Extension for a Ford Transit vehicle registration RE11 KFJ.

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 on 21 February 2024, with nine advisories. The Sub-Committee were informed that the vehicle passed its annual taxi inspection test on 30 March 2023. The Licensing Officer confirmed that it must be assumed that all MOT issues must have been fixed as the vehicle had passed the Depot test.

The Sub-Committee was 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 12 month Hackney Carriage Vehicle Licence Extension as detailed in the report with 4 monthly vehicle inspections due to the age of the vehicle and subject to the Licensing Officer being satisfied that all MOT advisories had been fixed.

The Licensing and Regulatory Sub-Committee considered an application to display a small plate for a Skoda Kodiaq, vehicle registration FH68 BMZ.

The Sub-Committee considered photos of the vehicle, examples of sample plates and heard from the Licensing Officer.

The Council’s requirement for the display of licence plates on the rear of licensed vehicles is set out in the Hackney Carriage and Private Hire Licensing Policy, paragraph 9.4 on page 27, as set out in the report circulated with the agenda.

Decision

The application to display a small plate on vehicle Skoda Kodiaq, vehicle registration FH68 BMZ be approved.

Reason for Decision

Having considered the photos of the vehicle, read all written material, and listened to the representation by the Licensing Officer and having heard what the applicant’s work entails, the Sub-Committee considered the resolution above would be best suited to the applicant whilst meeting the Council’s licensing responsibilities

The Licensing and Regulatory Sub-Committee considered an application for a Private Hire Vehicle Licence Extension for a Chrysler vehicle registration KLZ 1117.

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 on 26 October 2023, with no advisories. The Sub-Committee were informed that the vehicle passed its annual taxi inspection test on 21 March 2023.

The Sub-Committee was 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 12 month Private Hire Vehicle Licence Extension as detailed in the report with a six monthly vehicle inspection due to the age of the vehicle.

The Licensing and Regulatory Sub-Committee considered an application to display a small plate for a Ford Tourneo, vehicle registration EXZ 199.

The Sub-Committee considered photos of the vehicle, examples of sample plates and heard from the Licensing Officer.

The Council’s requirement for the display of licence plates on the rear of licensed vehicles is set out in the Hackney Carriage and Private Hire Licensing Policy, paragraph 9.4 on page 27, as set out in the report circulated with the agenda.

Decision

The application to display a small plate on vehicle Ford Tourneo, vehicle registration EXZ 199 be approved.

Reason for Decision

Having considered the photos of the vehicle, read all written material, and listened to the representation by the Licensing Officer and having heard what the applicant’s work entails, the Sub-Committee considered the resolution above would be best suited to the applicant whilst meeting the Council’s licensing responsibilities

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 the Woodland Café and Yurt Camp, Stapehill Road, Liverton, Newton Abbot, TQ12 6FU.

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

Persons who had submitted representations also attended the meeting and were permitted to speak.

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 D Cox and seconded by Councillor Petherick, and

RESOLVED that the Application for a new Premises Licence in respect of Woodland Café and Yurt Camp, Stapehill Road, Liverton, Newton Abbot, TQ12 6FU be refused.

Reasons for the decision:

The Sub-Committee heard from Applicant that he was not the Site Owner and only leased the café and area which was subject to the application. The Site Owner also held a licence and managed bookings for weddings which the Applicant was contractually required to hold. The Applicant explained he only held these weddings as he was contractually required to and he did not advertise or encourage these bookings. If he became the licensee for the site then he would potentially look to hold more weddings as he would have more control over these. Wedding guests get exclusive use of the site which has room for approximately 80 people if fully occupied.

The Applicant then clarified the opening hours were not set to change and would finish at 10.30pm. Music is only likely to be played between 19:30 and 21:30. They are currently closed on Monday and Tuesdays and have only been opening from late March to October half term. The applicant was advised by the Licensing Team to apply for extended hours so that the option was there to open later should they need to without having to apply for a further licence. The Applicant clarified that summer months would mean British Summer Time.

The Applicant confirmed after questioning from the Legal Advisor that he would accept the conditions that had been suggested by the Environmental Health Officer as detailed in the committee report.

In response to comments from the Objectors relating to noise and also rubbish, the Applicant explained that he had only received one telephone call to turn the music down and since then had not received any further complaints regarding noise. If complaints had been sent to the Site Owner they had not been passed to him. It was also for the Site Owner to deal with the issue of littering outside of the application area. The Objectors found the noise levels regularly impacted on their use and enjoyment of their gardens and that when sleeping windows had to be kept shut even in hot weather.

In response to questions the Applicant clarified that the festival which was  ...  view the full minutes text for item 52.