Licensing Committee Minutes - 1 March 2005

Present:

Lic/51/06  Minutes

Minutes Lic/47/06 to Lic/50/06 of the meeting of this Committee held on 1 February 2006 were approved as a correct record of those proceedings.

Lic/52/06  Declarations of Interest

1. Councillor A K Morgan declared a personal interest in item 8 on the agenda as the Personal Licence Holder was known to him.

Lic/53/06  Application for Review of Premises Licence - Waverley Hotel, Penrith

The Committee considered report CLS13/06 of the Director of Corporate and Legal Services detailing an application for the review of a premises licence for the Waverley Hotel, Crown Square, Penrith in accordance with Section 51 of the Licensing Act 2003.  The Committee were asked to consider the request in the light of the representations made by the police who have stated that the grounds for the review are the current risks to the public and evidence of increased crime and disorder and public nuisance.

Mr J Bell, Licensing Officer, addressed the Committee.

Mr John Coen, Solicitor from Ford and Warren for Punch Taverns, addressed the Committee and advised Members about a meeting that had taken place involving himself, the Designated Premises Supervisor and Inspector Woan.  Mr Coen explained that terms for the future running of the premises had been drawn up and agreed by all concerned and, to this effect, he requested an adjournment of the case until September to try to resolve issues.

Inspector Woan addressed the committee and circulated the proposed action agreed at the meeting.

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Act

Following withdrawal from the meeting of Mr Bell, Mr Coen, Mr Lomas, Mr Le Voi, the Police and the press and public, the Committee considered the matter and received legal advice on the options available.

RESOLVED that the meeting continue and the application be heard.

The press, public, Mr Bell, Mr Coen, Mr Lomas, Mr Le Voi and the Police rejoined the meeting and were informed of the Committee's decision.

Inspector Woan, accompanied by Sergeant Cameron, addressed the Committee and were questioned by Members and Mr Coen.

Mr Coen accompanied by Mr Le Voi, Area Manager for Punch Taverns, and Mr Lomas, addressed the Committee and was questioned by Members.

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Act

Following withdrawal from the meeting of Mr Bell, Mr Coen, Mr Lomas, Mr Le Voi, the Police and the press and public, the Committee considered the matter and received legal advice on the options available.

Councillor Mrs E Langan left the meeting at 11.25am

The meeting adjourned at 11.25am.

The meeting reconvened at 11.35am

RESOLVED that:

1. the Designated Premises Supervisor be removed from the premises;
2. the Designated Premises Supervisor (DPS) shall attend each meeting of the Penrith Pub Watch group.  In the event that he/she is unable to attend, he/she will send a representative in his place.
3. No staff employed at the premises (including bar staff, the DPS and door supervisors) shall consume alcohol whilst working in the premises.
4. That no staff shall begin work at the premises at any time whilst under the influence of alcohol.
5. That the DPS shall attend the Licensee's Door Supervisor management training course.  Door Supervisors will be employed on duty at the premises every night after 8pm.
6. That the licensee shall provide the DPS with such support, advice and assistance (which will include visits to the premises) to assist him/her in ensuring that the premises are managed to ensure the safety of customers and to minimise crime and disorder.
7. That anyone behaving in an anti-social manner shall be warned to correct their behaviour and if they do not and a further incident occurs, shall be barred from the premises for a minimum period of two months.
8. A record shall be kept of all warnings given and of those that are barred from the premises.  The police shall be informed of the identity of anyone who is barred from the premises and the reason for their exclusion.
9. The Licensee shall consider any further reasonable requests made by the police in relation to the operation and management of the premises.
10. The times the licence authorises the carrying out of licensable activities be reduced by one hour as follows:
    

    Day	Time From	Time To
    Monday to Wednesday	10.00am	Midnight
    Thursday to Saturday	10.00am	1.00am
    Sunday	10.00am	Midnight

11. The times of opening of the premises be reduced by one hour as follows:
    

    Day	Time From	Time To
    Monday to Wednesday	10.00am	12.30am
    Thursday to Saturday	10.00am	1.30am
    Sunday	10.00am	12.30am

12. A non-standard timings and seasonal variations to the license be deleted altogether.

Although not conditioned Members said that they hoped that that the Police would agree to the terms they suggested regarding steps to be taken and they also suggested to the Licensee that no application for variation of the hours should be made until September at the earliest.

The press, public, Mr Coen, Mr Lomas, Mr Le Voi, the Police and the Licensing Officer rejoined the meeting and were informed of the Committee's decision.

Reasons for decision

1. To accord to the Council's corporate objective to promote a healthy and safe Eden.
2. Section 51 of the Licensing Act 2003

Other options considered

None.

Councillor I Graham left the meeting at 12.05pm.

Lic/54/06  Hackney Carriage Driver - Court Convictions

The Committee considered report CLS14/06 which requested Members to consider whether Mr Brian Quail, the proprietor of Acclaim Taxis, was a fit and proper person to hold a Hackney Carriage Driver licence following his appearance in the Magistrates' Court and subsequent conviction for certain offences.

Robin Bell, Licensing Officer, addressed the Committee and was questioned by Members.

Mr Brian Quail, accompanied by Mrs Quail and Peter Davis, addressed the Committee and was questioned by Members.

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Act

RESOLVED that the meeting continue beyond the three hours provided for in Rule 9 of the Council's rules of procedure

Following withdrawal from the meeting of Mr Bell, Mr Quail, Mrs Quail, Mr Davis and the press and public, the Committee considered the matter and received legal advice on the options available.

RESOLVED that a written warning be administered as to Mr Quail's future conduct as a Hackney Carriage Driver.

The press, public, Mr Quail, Mrs Quail, Mr Davis and the Licensing Officer rejoined the meeting and were advised of the Committee's decision.

Reasons for decision

1. To accord with the Council's corporate objective to promote a healthy and safe Eden.
2. To accord with the Local Government Act 1972 and the Local Government (miscellaneous Provisions) Act 1976 Part II.

Other options considered

1. To take no further action.

Lic/55/06  Exclusion of Press and Public

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 12A of the Act.

The following minute Lic/56/06 contains exempt information as described in the relevant paragraph of Part 1 of Schedule 12A of the Local Government Act 1972 and are excluded from this document by virtue of Section 100A of the Act. Below is a summary of these proceedings.

Personal Licence Holder - Relevant Offences (Lic/56/06)(Paragraph 14)

The Committee considered report CLS15/06 of the Director of Corporate and Legal Services which detailed the relevant convictions of a Personal Licence Holder as outlined in Schedule 4 of The Licensing Act 2003.

The Committee agreed recommendations a) and b) on the report.

The meeting closed at 12.45pm