Agenda and minutes

Dorset Council - Licensing Sub-Committee
Monday, 27th January, 2020 10.00 am

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

Contact: Denise Hunt  01305 224878 Email: denise.hunt@dorsetcouncil.gov.uk

Items
No. Item

54.

Election of Chairman

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 Les Fry, seconded by Cllr David Taylor.

 

Decision: That Cllr Emma Parker be elected as Chairman for the meeting.

55.

Apologies

To receive any apologies for absence.

 

Minutes:

No apologies for absence were received at the meeting.

 

56.

Licensing Sub-Committee Procedures pdf icon PDF 75 KB

Minutes:

The Chairman outlined the process and procedure for the meeting.  There was also the opportunity to introduce all parties present at the meeting.

 

57.

Declarations of Interest

To receive any declarations of interest.

Minutes:

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

 

58.

Application for a variation of a premises licence for Weymouth Kebab House, 1 Westham Road, Weymouth, DT4 8NP pdf icon PDF 100 KB

To consider a report of the Licensing Officer.

Additional documents:

Minutes:

Prior to introduction of the report, the Chairman stated that the supporting evidence for the Cumulative Impact Area (CIA) relied upon statistical information produced in 2016 and it was confirmed that these were the latest available figures. She also sought clarity in relation to when the Cumulative Impact Policy would be reviewed and was informed that this would be part of the review of the Statement of Licensing Policy during the forthcoming year and would include updated figures for Melcombe Regis at that time. 

 

The Licensing Team Leader set out an application made by Emrah and Osman Tanyel to vary a premises licence to include the supply of alcohol for off sales between the hours of:-

 

11:00 and 05:00 from Sunday to Thursday

11:00 and 06:00 from Friday to Saturday

 

She advised that a late open letter had been received from the applicant which offered a reduction in these hours from 11:00 to 01:00 daily.

 

The meeting was adjourned at 10.10am and the sub-committee retired to read the letter.  The meeting was reconvened at 10.15am.

 

The Licensing Team Leader explained that the CIA had been created over a long period of time as a result of significant antisocial behaviour in Melcombe Regis and remained in place until such time as it was reviewed.  The application should be refused unless the sub-committee was absolutely sure that it would not add to crime and disorder and antisocial behaviour in the area and could be granted only in exceptional circumstances, for example, a different offer such as cinema or theatre. She advised that the offer of a reduction in hours still fell within the CIA which was between 23:00 and 05:30.

 

Representations had been received from Dorset Police on the grounds that the application fell within the CIA and Weymouth Town Council who had concerns in relation to antisocial behaviour.

 

The Chairman invited the applicant to address the sub-committee. The applicant's agent stated that the letter offering a reduction in hours also sought to explain the reason why the applicant wanted to vary the licence in order that that customers could purchase alcohol with a takeaway meal.  Many venues had closed in the immediate locality which, in his view, was a material consideration.  He was disappointed that updated statistical information to support the CIA was unavailable, however, he also recognised that other premises with licences for off sales until 01:00 or 02:00 had been granted before the CIA came into effect. He did not believe that this application would enable those leaving clubs to have a source of further alcohol purchases in the CIA, however, if the sub-committee remained concerned then further compromises could be made as the applicant sought to benefit from evening rather than early morning trade.

 

The Chairman invited representatives from Dorset Police to address the sub-committee.

The Licensing Officer (Dorset Police) explained that as the area was within the CIA, there was a presumption that applications of this nature would be refused.  The CIA had been put in place  ...  view the full minutes text for item 58.

59.

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.

 

60.

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 Part 1 of schedule 12 A to the Local Government Act 1972 (as amended) by the Local Government (Access to Information) (Variations) Order 2006 – EXEMPT INFORMATION 

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

Minutes:

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 1 of schedule 12 A to the Local Government Act 1972 (as amended).

 

61.

Exempt Report

Minutes:

The sub-committee considered a report on whether the person was "fit and proper" to hold a Private Hire Drivers Licence following complaints made to the operator.

 

Members heard evidence from the applicant and the sub-committee asked questions for clarification.

 

The sub-committee adjourned for members to make a decision and on returning the Chairman read aloud its decision.

 

Decision: After careful consideration of all the evidence presented to the sub-committee it was considered that the applicant was a 'fit and proper’ to continue to hold a Private Hire Drivers Licence.

62.

Exempt Report

Minutes:

The sub-committee considered a report on whether the applicant was "fit and proper" to hold a Hackney Carriage Drivers Licence.  The Licensing Team Leader set out the details of the application which included matters referred to as part of the Disclosure Barring Service (DBS) check.

 

Members heard evidence from the applicant and all parties were provided the opportunity to sum up before the sub-committee withdrew to consider its decision.

 

On returning the Chairman read aloud its decision.

Decision:- That the Hackney Carriage Drivers Licence be revoked.

The Sub-Committee did not find it possible to reconcile the matters arising as a result of the DBS check with being a ‘fit and proper person’ for the purpose of holding a Hackney Carriage Licence at this time.