Agenda and minutes

Licensing Sub-Committee - Wednesday, 16th March, 2022 10.00 am

Venue: Council Chamber - Council Offices. View directions

Contact: Emma Denny  Email: emma.denny@north-norfolk.gov.uk

Items
No. Item

8.

TO RECEIVE APOLOGIES FOR ABSENCE

Minutes:

None.

9.

DECLARATIONS OF INTEREST

Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda.  The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest.

Minutes:

None.

10.

ITEMS OF URGENT BUSINESS

To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972.

Minutes:

None.

11.

Application for a new Premises Licence - Lily-Mai's Bar Grill Cocktails, New Street, Cromer, Norfolk, NR27 9HP pdf icon PDF 478 KB

Summary:

This application is to review an existing Premises Licence

Conclusions:

That Members consider and determine the case from the written and oral information provided.

Recommendations:

That Members consider and determine this case

 

 

Cllr P Butikofer – Chairman Licensing Committee

Ward(s) affected: Cromer

 

Contact Officer, telephone number, and e?mail:

 

Lara Clare

01263 516252

lara.clare@north-norfolk.gov.uk

 

 

Additional documents:

Minutes:

The Chairman, Members of the Panel and Officers introduced themselves.

 

The Legal Advisor outlined the purpose of the hearing and explained the procedure for the meeting, and confirmed that the decision notice would not be issued that day, but would be supplied within 5 working days by email.

 

The Licensing Enforcement Officer presented the report, and affirmed that a valid application for review to the premises license had been received from the Environmental Protection Team, details of which were contained in Appendix A, Pages 23 -26 of the Agenda Pack. She informed Members that grounds for the review were based on the playing of amplified music to excessive levels, statutory nuisances which had been witnessed, and a breach of an abatement notice. A copy of the abatement notice was available on page 38 of the Agenda Pack. The Licencing Officer confirmed that the author of the review, the Environmental Health Officer was present for meeting, as was PC Brooks of the Police Licensing Team who had supported the review.

 

The Licensing Officer affirmed the current permitted operation times as allowed under the premises license and that the license permitted for films, indoor sporting events, live music, recording music, entertainment similar to live and recorded music, as well as the selling of alcohol on and off the premises.

 

The Licensing Officer stated that the license was subject to the mandatory conditions as listed on pages 4-6 of the Agenda Pack. The license was also subject to conditions relevant to its operating schedule as detailed on pages 6-8 of the Agenda Pack, including that the designated premises supervisor or the licensee shall ensure that no nuisances caused by noise emanating from the premises or by vibration transmitted through the structure of the premises, external windows and doors must be kept closed, prominent clear notices shall be displayed at all exits requesting customers respect the needs of local residents and to leave the premises and area quietly. The premises license permitted additional hours for specific dates including New Year’s Eve, Burns Night, Valentine’s day and others.

 

The Licensing Officer advised that comments had been received from responsible authorities as detailed in Appendix B, and that the Police’s representation could be seen on page 50 of the Agenda Pack. Representations from other interested parties had also been received which were detailed on pages 53 and 54 of the Agenda Pack.

 

She stated that the Authority had properly discharged its responsibility for advertising the review, and that the public notice had been displayed on the premises until 15th February 2022, which was the end of the public consultation period whereby the Authority could accept representations in support or in objection of the review.

 

The Licensing Officer advised Members the options available to them in determining the application, such options included revoking of the license, removal of licensable activities from the license in order to promote the licensing objectives, subjecting the license to further conditions to promote the licensing objectives, refusal of the review application and  ...  view the full minutes text for item 11.

12.

EXCLUSION OF PRESS AND PUBLIC

To pass the following resolution:

 

“That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A (as amended) to the Act.”

Minutes:

RESOLVED

 

That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A (as amended) to the Act.

 

13.

(WK/220001399) - Application for a Licence to Drive Hackney Carriage or Private Hire Vehicles in North Norfolk

Summary:

This report relates to an application for a taxi drivers licence where a Disclosure and Barring Service Report has been received which merits further consideration.

Conclusions:

Members may wish to go into Private session to hear fully from the applicant and consider this matter in confidence. 

Recommendations:

That Members consider and determine this application.

 

 

Chairman of the Licensing Committee

Councillor P Bütikofer

All

Contact Officer, telephone number, and e?mail:

 

Lara Clare

Lara.clare@north-norfolk.gov.uk

01263 516252

 

Additional documents:

Minutes:

13

(WK/220001399) - Application for a Licence to Drive Hackney Carriage or Private Hire Vehicles in North Norfolk

 

Present: Licence Applicant & Regional Director for Taxi Company

 

The Chairman, Members of the Panel and Officers introduced themselves.

 

The Legal Advisor outlined the purpose of the hearing and explained the procedure for the meeting.

 

The Licensing Officer presented the report which related to an application for a ‘Licence to Drive Hackney Carriage or Private Hire Vehicles in North Norfolk’. A Disclosure Barring Service report had subsequently been received in respect of the applicant, which contained details about the applicant which merited further consideration.

 

The Chairman invited the Applicant to speak. The Applicant noted that the incident took place 30 years prior when he and his wife had accommodated a family from the Netherlands for what was intended to be a short period of time. They had stayed with him for a few months during which time the Applicant and his wife covered the majority of costs, and whilst there was some monetary recommence this was not for the costs of lodging. He advised that he had paid for the couple to marry and that they had owed him money when they re-located abroad. The applicant advised he had been left with their signed child benefit as recompense but that that this was not used by the applicant. He was subsequently contacted by the DWP about the matter and was issued with a summons and fine.

 

Cllr P Fisher asked if there had been any further contact or problems. The Applicant affirmed that he had not spoken with the couple since the left the country. He noted that he worked in the Navy and had subsequently never been out of work, and that in his 50 years of driving he had never had an accident.

 

Cllr G Perry-Warnes asked if the Applicant had been a Taxi driver before. The Applicant confirmed he was currently a taxi driver in another district. The Regional Manager for the firm was invited to speak, and advised that the company was relocating all its licensable activities to North Norfolk. He confirm that the Applicant had successfully served as a taxi driver for vulnerable and special needs school children for 3 years, and that he had full confidence in the Applicant. He advised that the children had built a rapport with the Applicant and would be devastated if he were unable to continue to drive them.

 

The Chairman enquired how the DWP knew of the book. The Applicant commented that he was unsure, and perhaps the couple did not go abroad as intended and had applied for another copy of the child benefit book.

 

The Chairman sought confirmation whether the Applicant knew that this would be illegal. The Applicant advised he was unaware that it was fraudulent activity. He did not intend for monetary gain, only to re-coup fees as had been agreed upon.

 

The Sub-Committee retired at 2.20pm and returned at 2.35pm.

 

The Chairman read out the decision  ...  view the full minutes text for item 13.