Licensing Committee Minutes

Licensing Committee Minutes

Date:
Monday 23 July 2012
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Councillor B E Taylor (Chair), Councillor J A Walker (Vice Chair); Councillors R Arundale, Councillor S Biswas, Councillor R Brady, Councillor T Mawston, Councillor G Purvis and Councillor M B Williams.
Officers:
M Caveney, J Dixon and T Hodgkinson.
Apologies for absence:
Councillor T Harvey, Councillor B A Hubbard, Councillor M Hudson, Councillor R Kerr, Councillor P Sharrocks
Declarations of interest:

There were no Declarations of Interest made by Panel Members at this point of the meeting.

Item Number Item/Resolution
PUBLIC
12/6 MINUTES - LICENSING COMMITTEE - 18 JUNE 2012

The Minutes of the Licensing Committee held on 18 June 2012 were submitted and approved as a correct record.

12/7 SAFETY OF SPORTS GROUNDS ACT 1975 - RIVERSIDE STADIUM - RENEWAL OF GENERAL SAFETY CERTIFICATE - 2012/2013 SEASON


The Director of Legal and Democratic Services submitted a report seeking Members’ approval to the re-issue of the General Safety Certificate in respect of the Riverside Stadium for the forthcoming football season 2012/2013.

 

Members were advised that the current approved permitted number of spectators for the Riverside Stadium was up to 34,998 and the Committee was requested to approve the re-issue of the General Safety Certificate for the forthcoming season with a spectator capacity of up to 34,998. It was also recommended that the Director of Legal and Democratic Services, or his representative, be authorised to re-issue the Certificate, as outlined.

 

It was highlighted that the Safety of Sports Grounds Act 1975 established the principle that a sports ground accommodating more than 10,000 spectators required a Safety Certificate containing such terms and conditions as the Local Authority considered necessary or expedient to secure reasonable safety at the sports ground. The Safety Advisory Group for the Riverside Stadium had considered the matter on 13 July 2012 and recommended the renewal on the current terms.

 

ORDERED that approval be given to re-issue the General Safety Certificate in respect of the Riverside Stadium for the forthcoming football season 2012/2013 with a spectator capacity of up to 34,998.
 

12/8 EXCLUSION OF PRESS AND PUBLIC.

ORDERED that the press and public be excluded from the meeting for the following items on the grounds that, if present, there would be disclosure to them of exempt information as defined in Paragraphs 1, 2, 3 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

EXEMPT
Reports of the Assistant Director Community Protection Service
12/9 APPLICATION FOR PRIVATE HIRE VEHICLE DRIVER LICENCE - REF NO: 21/12

The Assistant Director of Community Protection submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 21/12, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed. The applicant, who was in attendance at the meeting accompanied by his local Ward Councillor, Councillor Large, verified his name and address and confirmed that he had received a copy of the report.

 

The Principal Licensing Officer presented the report setting out the circumstances of the case in relation to the offences detailed at 1) to 4) in the submitted report. It was highlighted that the applicant had previously held a Private Hire Vehicle driver licence with Stockton Council, however, his licence was revoked following the conviction detailed at 1). The applicant subsequently reapplied with Stockton Council in 2010 and appeared before Stockton’s Licensing Committee in June 2010 when his application was refused.

 

The applicant was interviewed by the Senior Licensing Officer on 19 June 2012 when he confirmed that there were no outstanding matters of which the Council was unaware and provided explanations in relation to the offences at 1) to 4) in the submitted report.

The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee.

 

The applicant spoke in support of his application and responded to questions from Members.

 

The applicant’s representative also spoke in support of the applicant.

 

It was confirmed that there were no further questions and the applicant and officers of the Council, other than representatives of the Council’s Legal Services and Members’ Office, withdrew whilst the Committee determined the application.

 

Subsequently all interested parties returned and the Chair announced the Committee’s decision.

ORDERED that the application for a Private Hire Driver Licence, Ref 21/12, be granted.

 

SUSPENSION OF COUNCIL PROCEDURE RULE NO. 10 - ORDER OF BUSINESS

 

ORDERED that, in accordance with Council Procedure Rule No. 10, the Committee agree to vary the order of business to deal with Agenda Item 9) as the next item of business.
 

12/10 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE - REF NO: 22/12

The Assistant Director of Community Protection submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 22/12, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed. The driver was in attendance at the meeting and verified his name and address and confirmed that he had received a copy of the report.

 

The Principal Licensing Officer presented the report setting out the circumstances of the case in relation to the offences detailed at 1) to 3) in the submitted report. The driver was first licensed with Middlesbrough Council in February 2009. His current licence was due to expire on 28 February 2013 and not 2012 as stated in the report.

 

The driver was interviewed by the Senior Licensing Officer on 3 July 2012 when he confirmed that there were no outstanding matters of which the Council was unaware and offered explanations in relation to the offences detailed at 1) to 3) in the submitted report.

 

The driver confirmed that the report was an accurate representation of the facts and was invited to speak in support of his case and answer Members’ questions.

 

The driver presented his case and responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the driver, and officers of the Council, other than representatives of the Council’s Legal Services and Members’ Office, withdrew whilst the Committee determined the review.

 

Subsequently all interested parties returned and the Chair announced the Committee’s decision.

 

ORDERED that Private Hire Vehicle Driver Licence, Ref 22/12, be retained but that the driver be required to complete the Driver Improvement Scheme, at his own expense, within three months, for the following reason:-
 

1. The driver already had nine points on his DVLA licence and the Committee made its decision in line with the Council's Policy Guidance on Convictions in relation to minor motoring offences.

12/11 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE - REF NO: 24/12

The Assistant Director of Community Protection submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 24/12, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed. The driver was in attendance at the meeting and verified his name and address and confirmed that he had received a copy of the report.

 

The Principal Licensing Officer presented the report setting out the circumstances of the case in relation to the offences detailed at 1) to 2) in the submitted report. The driver was first licensed with Middlesbrough Council in November 1988 and first appeared before Members in July 2006 in relation to the offence detailed at 1). On that occasion her was allowed to retain his licence but issued with a warning regarding his future behaviour. The driver now appeared before Members in relation to the offence detailed at 2) within the submitted report.

 

The driver was interviewed by the Senior Licensing Officer on 3 July 2012 when he confirmed that there were no outstanding matters of which the Council was unaware and confirmed his previous explanation in relation to the offence detailed at 1) and offered an explanation in relation to the offence detailed at 2) in the submitted report.

 

The driver confirmed that the report was an accurate representation of the facts and was invited to speak in support of his case and answer Members’ questions.

 

The driver presented his case and responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the driver, and officers of the Council, other than representatives of the Council’s Legal Services and Members’ Office, withdrew whilst the Committee determined the review.

 

Subsequently all interested parties returned and the Chair announced the Committee’s decision.

 

ORDERED that Private Hire Vehicle Driver Licence, Ref 24/12, be retained.
 

12/12 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE - REF NO: 23/12

The Assistant Director of Community Protection submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 23/12, where circumstances had arisen which required special consideration by the Committee.

 

The Principal Licensing Officer advised that the driver was not in attendance at the requested time and had not indicated that he would not be in attendance. Subsequently, Members determined to defer consideration of the case to the next available Licensing Committee in order to provide the driver with a further opportunity to attend.

 

ORDERED that consideration of the review of Private Hire Vehicle Driver Licence, Ref No: 23/12, be deferred to the next meeting of the Licensing Committee, in order to provide the driver with a further opportunity to attend.
 

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