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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 13/01/2003
MINUTES - 13TH JANUARY 2003



11
MINUTES of the MEETING of the LICENSING AND REGULATORY COMMITTEE held on 13th January 2003
(To be read in conjunction with the Agenda for the Meeting)
* Present
Mr G R Miller attended as a substitute

31. MINUTES

The Minutes of the Meeting held on 18th November 2002 were confirmed and signed.

32. APOLOGIES FOR ABSENCE AND SUSTITUTIONS (Agenda Item 2)

Apologies for absence were received from Mr P Betlem and Mr M R Goodridge with Mr G R Miller attending as a substitute.

33. DISCLOSURE OF INTERESTS (Agenda Item 3)

Mr R N Jackson declared a personal and prejudical interest in Agenda Item 9 relating to the renewal of public entertainment licences. However, due to the fact that the application premises were not discussed in detail, he remained in the meeting. Mr J H Wootton declared a personal and prejudicial interest in Agenda Item 15 ((Exempt) Appendix I) and left the meeting during discussion and voting on the application.

34. APPLICATION FOR A LICENCE TO OPERATE A RIDING ESTABLISHMENT – OLD PARK STABLES, FARNHAM (Appendix A)

RESOLVED that a provisional licence to operate a riding establishment be granted to Mr Carl Belson in respect of Old Park Stables, Old Park Lane, Farnham for a period of three months, until such time as the horses to be provided at the establishment had been inspected by the Council's Veterinary Officer and the requirements of Section 5 of the report had been completed and subject to the standard conditions.

35. APPLICATION FOR A LICENCE TO OPERATE A RIDING ESTABLISHMENT – THE HAYBARN, THURSLEY (Appendix B)

RESOLVED that a licence to operate a riding establishment be granted to Mr Sam Martin in relation to the Haybarn, Dye House Road, Thursley, subject to the standard conditions.

36. DRAFT GENERAL FUND REVENUE ESTIMATES 2003/2004 (Appendix C)

RESOLVED that final approval be given to the draft general fund revenue estimates for 2003/2004.


37. TRANSFER OF LIQUOR LICENSING TO WAVERLEY (Appendix D)

RESOLVED that, until the Licensing Bill progresses further to assess the full implications for Waverley, the following be agreed:-

1. a footnote be added to the Licensing and Regulatory Committee revenue estimates for 2003/2004 explaining the potential major part-year implications which cannot yet be quantified;

2. the need for the bid for a half-time Licensing Enforcement post be re-enforced to the Executive;

3. as Waverley is covered by Guildford Licensing Justices, agreeing to approach Guildford Borough Council to open joint discussions with the Justices on arrangements for transfer;

4. accelerating the development of closer links with Surrey Police and Fire and Rescue Service included in the FSR action plan and establishing a local licensing forum, with representatives from all parties and organisations and including the Chairman and Vice-Chairman of the Licensing and Regulatory Committee; and

5. In addition, the Committee wished to pass the following observations to the Executive at its meeting on 14th January 2003, that:-

i. the Committee wished to stress the importance of keeping the new arrangements manageable and at reasonable cost for charities, voluntary groups, churches, schools etc, and the need to preserve valuable traditions – such as sports and social clubs, Working Mens' Clubs and the Royal British Legion; and

ii. the Committee wished to request of the Government that some leeway be granted to the local authority for the setting of appropriate fees and charges for the regime.

38. PRIVATE HIRE OPERATORS' LICENCES – NEW CASE LAW (Appendix E)

RESOLVED that the Committee

1. notes the effect of new case law both in terms of loss of income and its application in respect of the need for Private Hire Operator Licences when managing Private Hire vehicle bookings only;

2. agrees that this licence should no longer be required for hackney carriage (taxi) proprietors in the future; and

3. authorises the officers to make appropriate refunds for licences granted in the current and the last fiscal year, as appropriate.

39. RENEWAL OF ANNUAL PUBLIC ENTERTAINMENT LICENCES (Appendix F)

RESOLVED that, subject to satisfactory completion of any items of repair which may be required to ensure that the premises meet the standards laid down in the Council's Regulations and General Conditions, including the maximum number of persons to be admitted, the applications for Public Entertainment Licences for the following premises be granted:-

i) Godalming Leisure Centre, Summers Road, Godalming;
ii) Cranleigh Leisure Centre, Village Way, Cranleigh;
iii) Haslemere Hotel, Lower Street, Haslemere; and
iv) Duke of Cambridge, East Street, Farnham.

40. CONSULTATION ON VARIATION OF PERMITTED HOURS FOR PUBLIC HOUSES (Appendix G)

RESOLVED that the Executive be advised that the Committee raised no objection to an earlier opening time of 10.00 a.m. for public houses.

41. ACTION TAKEN SINCE THE LAST MEETING (Agenda Item 11)

RESOLVED that the action taken be noted.

42. EXCLUSION OF PRESS AND PUBLIC (Agenda Item 13)

RESOLVED that pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in Paragraph 4 of Part 1 of Schedule 12A to the Act, namely:-
43. APPLICATIONS FOR HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS' LICENCES
((Exempt) Appendices H, I and J)

The Committee gave consideration to the details set out in the reports and interviewed each applicant respectively.

(a) Mr S G ((Exempt) Appendix H)

RESOLVED that the applicant be regarded as a fit and proper person to hold a hackney carriage/private hire driver's licence and that the licence applied for be granted.


(b) Mr P R W ((Exempt) Appendix I)

RESOLVED that the applicant be regarded as a fit and proper person to hold a hackney carriage/private hire driver's licence and that the licence applied for be granted.

(c) Mr C G ((Exempt) Appendix J)

RESOLVED that the application for a Hackney Carriage/Private Hire Driver's Licence be REFUSED for the following reason:-

The applicant is not regarded as a fit and proper person to hold a Hackney Carriage/Private Hire Driver's Licence because an insufficient period had elapsed since the conviction in March 2001, taking account of the nature of that offence and the Committee's obligation to have regard to the general public interest when determining the application.





The meeting concluded at 9.32 p.m.



Chairman


comms/licensing/2002-03/043