MINUTES OF PUBLIC PROTECTION SUB-COMMITTEE MEETING - 30TH JANUARY 2013
Present:
Councillor Hardy (in the Chair)
Councillors
Cox / Mrs Delves / HuttonCross / Elmes / M Mitchell
In attendance:
Mrs S Davies, Principal Solicitor Licensing
Mr R Ratcliffe, Licensing Officer
Mr M Marshall, Licensing Health and Safety Enforcement Officer
Sgt Hannon, Lancashire Constabulary
PC Robinson, Lancashire Constabulary
Mrs B Jarvis, Senior Democratic Services Adviser
1. EXCLUSION OF THE PUBLIC
Resolved: That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the whole item, including the decisions referred to at Agenda items3 and4 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.
Resolved: That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting for part or all of the decision making at Agenda items 5 and 6 in order to receive information which is protected by legal privilegeand is therefore exempt from publication by virtue of Paragraph 5 of Part 1 of Schedule 12A of the Act.
2. DECLARATIONS OF INTEREST
There were no declarations of interest on this occasion.
3. MINUTES OF THE MEETING HELD ON 17TH JANUARY 2013
Resolved: That the minutes of the meeting held on 17th January 2013 be signed by the Chairman as a correct record.
4. HACKNEY CARRIAGE DRIVERS LICENCE
The Sub-Committee was informed ofanew application for aHackney Carriage driver’s licencethat had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.
It was also asked to consider an existing Hackney Carriage and Private Hire driver as an additional urgent item as the incident that had given cause for concern had not been known at the time thatthe Agenda was despatched.
FT was in attendance.
Resolved:
1. That consideration of the case in respect of MDN be deferred to the meeting due to be held on 14th February 2013 to enable the applicant to be accompanied by his chosen representative.
2. To note that the Chairman had agreed that the case in respect of FT be considered as an urgent item as the incident that had given cause for concern had not been known at the time that the Agenda had been despatched.
3. That in the case of FT, theHackney Carriage and Private Hire driver’slicences be revoked on the grounds that he his not a fit and proper person to hold a licence due to his previous conduct and that in accordance with Section 52 of the Road Safety Act 2006, the revocation to take place with immediate effect in the interest of public safety.
Background papers: Exempt
5. PRIVATE HIRE VEHICLE DRIVERS LICENCE
The Sub-Committee was informed of a Private Hire vehicle driver anda Private Hire vehicle driver and owner that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.
JH with LH in attendance as interpreter and LH were in attendance.
Resolved:
1. That in the case of JH, the Private Hire vehicle licencebe retained subject to a warning letter being sent indicating that in the event of further offences the licence may be suspended or revoked and additional conditions be attached to his licence as follows:
(1)The licence holder or suitably qualified mechanic must inspect the vehicle on a weekly basis.
(2)The licence holder to implement a vehicle safety inspection regime to be undertaken at a minimum of every two months by a qualified motor engineer. Such records to be kept for two years.
(3)Records of all servicing to be retained for two years.
(4)All service/inspection records must be legible.
(5)All records to be produced to enforcement or police officers within 24 hours of the demand being made.
2. That in the case of LH, a warning letter be sent indicating that in the event of further offences the licence may be suspended or revoked.
Background papers: Exempt
6. SEX SHOP LICENCE APPLICATION - PRIVATE MOMENTS
The Sub-Committee considered an application from Darker Enterprises Limitedfor a sex shop licence at 34 Cookson Street, Blackpool.
Mr Sullivan, Management Consultant engaged by the applicant, Ms Singleton and Mr McFull presented the application on behalf of Darker Enterprises Limited.
PC Robinson, Lancashire Constabulary, Mr Marshall, Licensing Health and Safety Enforcement Officer acting on behalf of the Licensing Authority and Ms Gregoriou, owner of Reform Health Club presented their objections to the application.
The Sub-Committeehad regard to the Council’s Sex Establishment Policy. It also considered additional information submitted by the applicant in the form of photographs of other sex establishment shop frontages.
Members noted the applicant’s intention to surrender the existing licence should the application be successful resulting in the number of sex shops within the townremaining at two.
During an in-depth discussion on the merits of the application, Members raised concerns relating to the location of the premises which was in a mainly residential area andits close proximity to a school and a health club frequented by children.
Resolved: That the application be refused on the grounds that the grant of this licence would be inappropriate having regard to the character of the locality.
Background papers: None
7. SEX ENTERTAINMENT VENUE LICENCE APPLICATION - THE DOLL HOUSE
The Sub-Committee considered an application for a Sex Entertainment Venue Licence for The Doll House.
Mr Woosnam, Solicitor acting on behalf of the applicant, Ms Sayers, the applicant accompanied by Mr Sayers presented the application.
Mr Marshall, Licensing Health and Safety Enforcement Officer, Blackpool Counciland Sgt Hannon representingLancashire Constabulary presentedtheir objections to the application.
The Sub-Committee had regard to the Council’s Sex Establishment Policy. It also had regard to additional information submitted on behalf of the applicant after the Agenda had been despatched that had addressed the observations made by Mr Marshall in his representation. Members also considered additionalinformation submitted at the meeting by Mr Marshall relating to a recent study undertaken by the University of Kentand a map showing the location of the existing Sex EntertainmentVenues and thelocation of The Doll House.
Members discussed the merits of the application and raised concerns relating to theclose proximity of other similar establishments. It also had regard to the Council’s policy in relation to thenumber of sex establishments that the Local Authority had deemed appropriate for the locality.
Resolved:That the application for a Sex Entertainment Venue licence be refused on the grounds that it would increase the number of sex establishments beyond the number deemed appropriate for the locality and nothing had been heard to justify deviation from the Sex Establishment Policy and the grant of the licence would be inappropriate having regard to the character of the relevant locality as the proximity to similar venues would mean that the granting of this licence would create a cluster of these establishments.
8. DATE OF NEXT MEETING - 14TH FEBRUARY 2013
Members noted the date of the next meeting as 14th February 2013.
Chairman
(The meeting ended at 2:16 pm)
Any queries regarding these minutes, please contact:
Bernadette Jarvis,Senior Democratic Services Adviser
Tel:01253 477157
E-mail: