Agenda and minutes

Licensing Sub-Committee - Friday 28th June 2019 9.30 am

Venue: Blue & Pink, Arun Civic Centre, Maltravers Road, Littlehampton, BN17 5LF. View directions

Contact: Carrie O'Connor 

Items
No. Item

1.

Election of Chairman

Minutes:

            Councillor Charles was elected as Chairman for the meeting.

2.

Declarations of Interest

Members and Officers are reminded to make any declarations of pecuniary, personal and/or prejudicial interests that they may have in relation to items on this agenda and are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent.

 

Members and officers should make their declaration by stating :

 

a) the item they have the interest in

b) whether it is a pecuniary, personal and/or prejudicial

c) the nature of the interest

Minutes:

            There were no declarations of interest made.

3.

Change to the order of the Agenda

Minutes:

            At the request of the Chairman, a change to the order of the agenda was agreed as the applicant for the Street Trading Consent, London Road Precinct, Bognor Regis, was not yet in attendance.  This matter would therefore be considered as the last item on the agenda.

4.

Exempt Business

The Subcommittee is asked to consider passing the following resolution:-

 

That under Section 100A(4) of the Local Government Act 1972, the public and accredited representatives of newspapers be excluded from the meeting for the following items of business on the grounds they may involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraph specified against the item.

Minutes:

            The Committee

 

RESOLVED

 

That under Section 100A(4) of the Local Government Act 1972, the public and accredited representatives of newspapers be excluded from the meeting for the following items of business on the grounds that they may involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraph specified against the items.

5.

Application for a Hackney Carriage/Private Hire Driver Licence [Exempt - Paragraph 1 - Information Relating to Individuals]

To consider the attached report.

Minutes:

            The Subcommittee received a report from the Licensing Officer which set out the detail of a case whereby the applicant for a Hackney Carriage/Private Hire driver licence had previous relevant conviction.

 

            The applicant was in attendance and explained the circumstances of the offences and, following questions from Members, all parties then left the room to enable the Subcommittee to consider the matter.

 

            In discussing the matter, the Legal Services Manager reminded the Subcommittee of the Council’s Taxi Policy, particularly that in general a person should be expected to remain free of conviction for 3 years or at least 3 years from completion of sentence (whichever is longer) before a licence is granted.  However, having taken account of all the circumstances surrounding the conviction and the applicant’s acknowledgement that he had acted unwisely, together with his employment history, Members were of the view that they would allow someone they cared for to get into a vehicle alone with the applicant, and therefore considered the pit and proper test satisfied.  It was therefore felt that the application should be granted with a strict warning for 12 months.

 

            The Subcommittee therefore

 

RESOLVED

 

That the licence be granted, subject to the knowledge test, medical and driving assessment being completed to the satisfaction of officers, and with a strict warning for 12 months.

 

            (All parties were then recalled as advised of the decision.)

6.

Application for a Hackney Carriage/Private Hire Driver Licence [Exempt - Paragraph 1 - Information Relating to Individuals]

To consider the attached report.

Minutes:

The  Subcommittee received a report from the Licensing Officer which set out the detail of a case whereby the applicant for a Hackney Carriage/Private Hire driver licence had previous relevant convictions.

 

            The applicant was in attendance and explained the circumstances of the offences and, following questions from Members, all parties then left the room to enable the Subcommittee to consider the matter.

 

            In discussing the matter, Members took account of the fact that the applicant’s misdemeanours had occurred when he was a juvenile and that there had been no criminal offences since. 

 

            The Subcommittee therefore

 

RESOLVED

 

That the licence be granted, subject to the knowledge test, medical and driving assessment being completed to the satisfaction of officers.

 

            (All parties were then recalled as advised of the decision.)

 

7.

Application for a Hackney Carriage/Private Hire Driver Licence [Exempt - Paragraph 1 - Information Relating to Individuals]

To consider the attached report.

Minutes:

            The Subcommittee received a report from the Licensing Officer which set out the detail of a case whereby the applicant for a Hackney Carriage/Private Hire driver licence had previous relevant convictions.

 

            The applicant was in attendance and explained the circumstances of the offences and, following questions from Members, all parties then left the room to enable the Subcommittee to consider the matter.

 

            In discussing the matter, serious concerns were raised by Members that the applicant had not satisfactorily demonstrated that he was a Fit and Proper person to hold a taxi driver licence.  They took account of the seriousness of the offences; the cumulative history of offending; and insufficient evidence to convince Members that such behaviour would not recur in the future.

 

            The Subcommittee therefore

 

RESOLVED

 

That the application for a hackney carriage/private hire driver licence be refused.

 

            (All parties were then recalled as advised of the decision.)

8.

Application for a Street Trading Consent - London road Precinct, Bognor Regis pdf icon PDF 231 KB

This report requests Members to consider the matter of an application for a street trading consent in London Road Precinct, Bognor Regis.

Additional documents:

Minutes:

            Prior to consideration of this item, the Licensing Manager advised the meeting that the Council’s Street Trading Policy was going to be reviewed in the near future to ensure that street trading would enhance the local amenity.

 

            The Licensing Officer presented this report which set out the detail of an application for a Street Trading Consent in the London Road Precinct, Bognor Regis to sell burgers, tortillas, hot and cold drinks from a mobile trailer on Saturdays and Sundays from 8.00 a.m. to 3.00 p.m.

 

            The applicant was in attendance and gave a presentation and provided photographs to illustrate what he was intending to sell.  He emphasised that his offering would concentrate on good quality local produce for families as he felt that was not available in the town at the present time.

 

            The Subcommittee asked the applicant a number of questions to fully understand what his offering would be; the design of his stall; and its siting in the precinct.  A photograph was circulated at the meeting of the trailer from which the food would be sold and Members were advised by the applicant that he had consciously chosen a smaller trailer so as to take up less space.  Members were also informed that the colour could be changed and minor design changes made if Members so wished.

 

            All parties then left the room to enable Members to consider their decision. 

 

            In the course of discussion, the Subcommittee was positive with regard to the food offering to be provided by the applicant but had reservations that the trailer did not enhance the townscape.  It was felt that the applicant should be encouraged to discuss any future application with officers, all relevant stakeholders and a representative from the Bognor Regis BID (Business Improvement District).

 

            The Subcommittee

 

RESOLVED

 

That the application be refused.

 

            (All parties were recalled and advised of the decision.)