Agenda and minutes

Dorset Council - Licensing Sub-Committee
Thursday, 5th March, 2020 2.30 pm

Venue: Committee Room C, South Walks House, South Walks Road, Dorchester, DT1 1UZ (DT1 1EE for sat nav). View directions

Contact: Kate Critchel  01305 252234 Email: kate.critchel@dorsetcouncil.gov.uk

Items
No. Item

63.

Election of Chairman and Statement for the Procedure of the Meeting

To elect a Chairman for the meeting and the Chairman to present and explain the procedure for the meeting.

 

Minutes:

It was proposed by Cllr J Andrews and seconded by Cllr M Rennie.

 

Decision

 

That Cllr E Parker be elected the Chairman for the meeting.

 

Cllr E Parker took the Chair; welcomed all present and set out the procedure for the meeting.

64.

Urgent items

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

 

Minutes:

There were no urgent items to report.

65.

Declarations of Interest

To receive any declarations of interest.

Minutes:

No declarations of disclosable pecuniary interests were made at the meeting.

 

66.

Licensing Act 2003 Application to vary a premises licence McKenzies 45 Station Road Swanage BH19 1AD pdf icon PDF 79 KB

To consider a report of the Licensing Officer.

Additional documents:

Minutes:

The Licensing Team Leader set out the application to vary a licence of the premises known as McKenzie’s, 45 Station Road, Swanage BH19 1AD.  The applicant was seeking to supply alcohol of consumption on the premises only daily from 12:00 to 22:30.

 

Members were advised that in response to a representation expressing concern about public nuisance, the applicant had amended the operating schedule from 23:00 to 22:30 each day and added additional conditions.

 

There were no further representations received and no comments made from any other responsible authorities.

 

The Licensing Team Leader advised the sub-committee that this was a small operation of a restaurant serving approximately 24 covers with only 1 sitting pre-evening.

 

The Chairman welcomed Julie McKenzie, the applicant.  Ms McKenzie addressed the sub-committee and advised that this was a very small bistro/restaurant.  It was proposed to be able to provide fine dinning in the evenings as an alternative to eating in a public house and to be able to offer private function facilities. She indicated that signage would be installed to ask customers to leave quietly and she would be on the door to remind people to do so.

 

In response to a question, the applicant advised that most of the customer base were elderly people and most customers would have finished their meals by 9.30pm. The Friday and Saturday evening service had proved to be successful and this growth was important for the sustainability of this small business.

 

In response to further questions, members were advised that the people in the people above owned the property but the restaurant was no a 140 year lease with the previous owners. The current owners were aware of the situation prior to purchase. In respect of music, this would be background provision.

 

It was noted that the person who had made representations was not in attendance.

 

There were no other representations to be received.

 

The Licensing Team Leader and the applicant were given the opportunity to sum up their case.

 

The sub-committee adjourned to consider the application.

 

On returning, that Chairman advised that the Sub-committee considered carefully all of the documents presented to them and all of the oral and written representations made by all parties.  They had regard to the four Licensing Objectives, the Home Office Statutory Guidance and the Dorset Council (Purbeck) Statement of Licensing Policy. The concerns of a local resident in respect of noise, disturbance and disruption to the vicinity were taken into account. However there was insufficient evidence to find that those concerns would be realised.

 

Decision

 

To grant the variation to the premises licence as set out in the amended operating schedule and as sought by the applicant with the proposed additional conditions. 

 

The sub-committee agreed that the conditions were consistent with and tailored to the particular characteristics of the proposed business, as set out in the operating schedule, and were appropriate for the promotion of the licensing objectives. 

The Chairman advised that was the Sub-committee’s decision, but if a responsible authority or any  ...  view the full minutes text for item 66.

The meeting adjourned for a short comfort break

On returning the Chairman took the opportunity to welcome the taxi driver licence holder and their supporter to the meeting.

 

The Chairman also explained the procedure and process for the meeting.

 

 

 

67.

Exempt Business

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 1 of schedule 12 A to the Local Government Act 1972 (as amended).

The public and the press will be asked to leave the meeting whilst the item of business is considered.

 

Minutes:

It was proposed by Cllr J Andrews and seconded by Cllr M Rennie

 

Decision

 

That the press and the public be excluded for the following item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended).

68.

Consideration of a conviction for the holder of a Hackney Carriage and Private Hire Driver's Licence

To consider a report of the Licensing Officer.

Additional documents:

Minutes:

The Licensing Team Leader presented a report on whether a driver licensed both to drive a hackney carriage and private hire vehicles continued to be a “fit & proper” person after consideration of a conviction since the licence was granted.

 

Members were advised that in making their decision they needed to bear in mind the policy for the West Dorset zone that stated that a period of three to five years should elapse between a relevant conviction (s) for dishonesty and the issuing of a licence.

 

This policy should only be departed from in exceptional circumstances.

 

The Chairman invited the taxi driver and his supporter to address the sub-committee.  Members asked questions of both the Licensing Team Leader and the taxi driver.

 

Once they had gathered all the information required to make a decision and the driver and the Licensing team Leader had had an opportunity to sum-up their case the sub-committee adjourned to make their decision.

 

On returning

 

Decision

 

Revoke - The Sub-Committee carefully considered all of the evidence presented to it by all parties and concluded that Mr L was not a fit and proper person to hold a Hackney Carriage Driver Licence or a Private Hire Driver Licence because:

1. The offence, which was recent, fell within the category of dishonesty identified in the West Dorset Zone Policy. The Policy stated that a period of three to five years should elapse between relevant convictions for dishonesty and the issue of a licence. In this case the conviction occurred in 2019 therefore the required time period had not elapsed.

2.  The Sub-Committee took account of Mr L’s explanation of the circumstances surrounding the offence however in considering its duties and responsibilities to protect the public, the Sub-Committee was not persuaded that there were exceptional reasons, in this instance, for it to depart from the terms of the West Dorset Zone Policy. The Sub-Committee considered that the responsibility to protect the public, could not be properly exercised by allowing  Mr L to continue to hold a Hackney Carriage Licence or a Private Hire Driver’s Licence.

3.  The sub-committee took into account the fact that the schools contract department for whom the DBS check was originally carried has decided not to allow Mr L  to continue to drive on their contracted routes.