Agenda and minutes

To disclose any pecuniary, other registerable or personal interest as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

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

To receive questions or statements on the business of the committee from town and parish councils and members of the public.

Public speaking has been suspended for virtual committee meetings during the Covid-19 crisis and public participation will be dealt with through written submissions only.

Members of the public who live, work or represent an organisation within the Dorset Council area, may submit up to two questions or a statement of up to a maximum of 450 words. All submissions must be sent electronically to elaine.tibble@dorsetcouncil.gov.uk by the deadline set out below.

When submitting a question please indicate who the question is for and include your name, address and contact details. Questions and statements received in line with the council’s rules for public participation will be published as a supplement to the agenda.

Questions will be read out by an officer of the council and a response given by the appropriate officer at the meeting. All questions, statements and responses will be published in full within the minutes of the meeting. The deadline for submission of the full text of a question or statement is 8.30am on Monday 24 January 2022.

There were no statements or questions from Town and Parish Councils or members of the public at the meeting.

An application has been made to renew a sexual entertainment venue for Wiggle, 33 New Street, Weymouth.  The application has been out to public consultation and has attracted relevant representations. A Licensing Committee must consider the application and representations at a public hearing.  

The Licensing Officer presented the application for a renewal of the Sexual Entertainment Venue (SEV) licence for Wiggle in Weymouth.

The application had been advertised as per the Local Government Miscellaneous Provisions Act in the local paper and at the premises. There had been no objections from the responsible authorities but one objection had been received from a member of the public.

The Licensing Officer advised that the premises had held a SEV licence since 2010 and since Mr Ojla took over the licence in 2018 there had been no issues reported to the authority. The committee were advised of the three options available to them in determining the application.

The committee members and the Applicant’s Solicitor were given the opportunity to ask questions of the Licensing Officer. The Objectors were not in attendance at the meeting.

The Solicitor was invited to put his case forward on behalf of the Applicant. He advised that this was the first time Mr Ojla had received an objection to this licence. Mr Ojla also had SEV licences in 2 premises in Portsmouth which had been open for approx. 20 years, one in Southampton and one in Bournemouth, his licences had all been granted each and every year. The objectors had not felt any impact from the premises and there was no reason why they should do so in the future.

Questions from the committee members and the Licensing Office were invited for the Solicitor.

All parties were given the opportunity to sum up their case.

1.1           Under Section 61 (1) of the Local Government (Miscellaneous Provisions) Act 1976 the Council, as Licensing Authority has the power to suspend, revoke or refuse to renew a hackney carriage / private hire driver’s licence.

1.2           Dorset Council’s Constitution delegates all powers relating to taxi licensing to the Licensing Committee (and/or Sub-Committee) and the majority of decisions that relate to whether a taxi driver should keep their licence will be referred to a Sub-Committee for a decision.

1.3           Occasionally however, there are situations when it is necessary for immediate action to be taken, when even delaying a decision for the time it takes to prepare a report and organise a committee meeting would potentially give rise to an unacceptable risk to the public.

1.4           The recommendation is that where officers are of the view that an incident or allegation is so serious that any delay in the decision making process presents an unacceptable risk to passengers, the Executive Director of Place be given delegated authority to suspend or revoke licences with immediate effect, in consultation with the Chair (or vice chair) of the Licensing Committee.

The Service Manager Licensing and Community Safety presented the report which sought delegated powers for urgent revocations or suspensions to taxi licences.

He addressed the two recommendations in the report and the reasons behind them. Dorset Council’s Constitution delegated powers relating to taxi licensing to the Licensing Committee and or sub-committee and most complaints were dealt with by interview and a report to the sub-committee.

On occasion there were situations when it was necessary for immediate action to be taken, but these were rare and only for very serious matters that could give rise to an unacceptable risk to the public. Authority was sought to delegate authority to the Executive Director of Place in consultation with the Chair (or vice chair) of the Licensing Committee to immediately suspend or revoke a Hackney Carriage / Private Hire vehicle drivers licence where it was considered necessary in the interest of public safety

The Service Manager Licensing and Community Safety advised that officers had delegated powers under their predecessor councils, and this would bring the same delegations to Dorset Council’s new Licensing Policy.

Committee members were invited to ask questions of The Service Manager Licensing and Community Safety.

Proposed by Cllr Andrews, seconded by Cllr Fry.

On being put to the vote the committee were minded to approve the officer’s recommendation:

“That delegated authority be given to the Executive Director of Place in consultation with the Chair (or vice chair) of the Licensing Committee to suspend or revoke a Hackney Carriage / Private Hire vehicle driver’s licence with immediate effect where it was considered necessary in the interest of public safety and:

That a ‘fast track’ procedure be adopted to re-licence those drivers who had had their licence revoked but had subsequently been found to be fit and proper”.

Decision: The Head of Community and Public Protection confirmed that he had been present throughout the meeting, had listened to the discussion and would approve the recommendation in accordance with the committee’s minded to decision.

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.

There were no urgent items.

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 3 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.

The committee retired to make their decision on the application to renew the SEV licence for Wiggle.

Proposed by Cllr Fry, seconded by Cllr Heatley.

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).

Proposed by Cllr Andrews, seconded by Cllr Fry

On being put to the vote the committee were minded to approve the renewal of a sexual entertainment venue licence for Wiggle with all the conditions as applied to the previous licence.

Decision: The Head of Community and Public Protection confirmed that he had been present throughout the meeting, had listened to the discussion and would approve the recommendation in accordance with the committee’s minded to decision.