Agenda and minutes

            The Minutes of the meeting held on 11^th March 2015 having been circulated were signed as a correct record.

            The Committee met to consider an application which had been made under Section 17 of the Licensing Act 2003 for the grant of a premises licence. The hearing was held in accordance with the Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations 2005.

            The meeting was held as a hearing relating to an application for a premises licence made by Pandiyarajah Sellathurai in respect of premises at 224 Ditchfield Road, Widnes.

            The applicant requested the following licensable activities:-

·                     the supply of alcohol off the premises between the hours of 08.00 to 23.00 each day; and

·                     the hours the premises are open to the public 06.00 to 23.00 each day.

            The Committee was advised that as part of his operating schedule the Applicant had volunteered a number of conditions, details of which were outlined in the report. In addition, comments received from Cheshire Police and conditions agreed between Trading Standards and the applicant were noted.

            The Chairman introduced the members of the Committee and the Council’s officers who were present.

            The Council’s legal adviser, John Tully, summarised the procedure to be followed and outlined the nature of the application.

            Prior to outlining the application Mr Tully advised the Committee of the 20 letters/emails which had been received and included details on relevant representations. All persons who had made relevant representations had been requested to supply evidence on not later than five working days prior to the hearing.

            At the hearing, the Committee were addressed by the applicant’s Licensing Representative Ian Rushton who was accompanied by Pandiyarajah Sellathurai the applicant.

            Mr Chorley and Mr Grizedale had both submitted representations and addressed the members as “other persons”. The members also took into consideration the relevant written representations submitted by other persons who did not attend the hearing. In addition Councillor Osborne, Ward Councillor, addressed the Committee on behalf of the residents who made representation.

            The Committee asked a number of questions of the parties and retired to consider the matter.

            RESOLVED: That having considered the application in accordance with section 4 Licensing Act 2003 and all other relevant considerations the Committee decided that the application be granted as requested subject to the conditions volunteered by the Applicant, conditions put forward by Trading Standards and conditions within the operating schedule.

The reason for the determination was that the Committee felt that the application was consistent with the Licensing Objectives. A number of the representations submitted to the Licensing Department did not constitute licensing objectives and were considered to be not relevant and therefore not taken into account. Those objections which were considered to be relevant,  were not supported by evidence which the Committee could consider.

Time that the licence shall take effect: Immediately

            The Committee considered a request to authorise a review of the Council’s Statement of Licensing Policy (SLP). SLP must be reviewed by the Council for successive five year periods and the current Policy was due to expire at midnight on 6^th January 2016. Members were advised on the consultation process to be followed and a copy of an amended SLP, which would assist the process, had been circulated to Members.

            Following the consultation process a report would be brought back to Committee for consideration and recommendation to Council.

            RESOLVED: That

1.      the Operational Director Legal and Democratic Services (OD-LD) be authorised to undertake a consultation exercise in respect of the Council’s Statement of Licensing Policy in accordance with section 5 Licensing Act 2003;

2.    the OD-LD determine all matters relating to the consultation process; and

3.    the matter be reported back to the Regulatory Committee following the completion of the consultation process; and

4.    a voluntary code of good practice be prepared by the Director of Public Health by the beginning of August and brought to the September meeting for consideration.

            The Committee considered a request to authorise a review of the Council’s Statement of Gambling Policy. The Policy must be reviewed by the Council for successive three year periods and the current Policy was due to expire at midnight on 30^th January 2016. Members were advised on the consultation process to be followed and a copy of an updated Policy, which would assist the process, had been circulated to Members.

            Following the consultation process a report would be brought back to Committee for consideration and recommendation to Council.

RECOMMENDED: That

1.      the Operational Director Legal and Democratic Services (OD-LD) be authorised to undertake a consultation exercise in respect of the Council’s Statement of Gambling Policy in accordance with section 349 Gambling Act 2005;

2.    the OD-LD determine all matters relating to the consultation process; and

3.    the matter be reported back to the Regulatory Committee following the completion of the consultation process. 

            The Committee was advised that during meetings of the Taxi Consultative Group various changes and additions were tabled to the Single Drivers conditions and Hackney Carriage and Private Hire Vehicle conditions. The group was requested to consult with the taxi trade regarding changes and the outcome of the consultation was outlined in the report. The potential changes were as follows:

·         The introduction of an English/Maths test for all new Single Status Drivers;

·         the use of electronic cigarettes by licensed drivers whilst in their licensed vehicles;

·         if a spare tyre, a space saver tyre or sealant are required in a licenced vehicle;

·         changing the size of luggage space in licenced vehicles taking into consideration the area above the back seat of the vehicle; and

·         removing the Council’s policy on blackout/privacy glass.

            RESOLVED: That the following changes to the Single Drivers conditions and Hackney Carriage and Private Hire Vehicle conditions be recommended to Executive Board for approval:

1.    The introduction of an English Test for all new Single Status Drivers.

2.    The use of electronic cigarettes by licensed drivers whilst in their licensed vehicles be banned.

3.    A Spare Tyre or a Space Saver Tyre are required in a licensed vehicle. (To apply to all new vehicles on adoption of the policy and to all other vehicles after 12 months).

4.    The luggage space of a licensed vehicle should be able to carry a minimum of two suitcases and a fold up wheelchair as a standard.   (Full grandfather rights applied)

5.    Blackout/privacy glass shall be permitted, subject to it being to manufacturers specification.