LICENSING COMMITTEE AGENDA

Transcription

1 LICENSING COMMITTEE Tuesday 22 May :30pm Committee Rooms 2 & 3, City Hall Membership: Substitute Members: Officers attending: Councillors Kathleen Brothwell (Chairman), Loraine Woolley (Vice Chairman), Chris Burke, Brent Charlesworth, Gill Clayton Hewson, Adrianna Ellis, David Gratrick, Gary Hewson, David Jackson, Andrew Kerry, Geoffrey Kirby, Jackie Kirk, Fay Smith, Hilton Spratt, Patrick Vaughan, Peter West Councillors Yvonne Bodger, Jane Clark Kevin Barron, Democratic Services, James Ellis AGENDA SECTION A Page(s) 1. Confirmation of Minutes 3 April Proceedings of the Hackney Carriage and Private Hire Licensing Sub Committee a. 14 March 2012 b. 10 April Proceedings of the Licensing Sub Committee a. 15 March Declarations of Interest Please note that, in accordance with the Members' Code of Conduct, when declaring interests Members must disclose the existence and nature of the interest and whether it is personal or prejudicial. 5. Exclusion of the Press and Public You are asked to resolve that the press and public be excluded from the meeting during the consideration of the following items because it is likely that if members of the press or public were present, there would be disclosure to them of "exempt information." City Hall Lincoln WG 14 May 2012

2 LICENSING COMMITTEE Present: Councillors: Apologies: Councillor David Jackson (in the Chair) 3 APRIL 2012 Kathleen Brothwell, Brent Charlesworth, David Denman, David Gratrick, Geoffrey Kirby, Fay Smith, Patrick Vaughan, Peter West, Loraine Woolley Councillor(s) Gary Hewson, Andrew Kerry, John Metcalfe, Hilton Spratt, Alister Williams 35. CONFIRMATION OF MINUTES 21 FEBRUARY 2012 RESOLVED that the minutes of the meeting held on the 21st February 2012 be confirmed. 36. PROCEEDINGS OF THE HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING SUB COMMITTEE RESOLVED that the minutes of the meeting held on the 21st February 2012 be received. 37. PROCEEDINGS OF THE LICENSING SUB COMMITTEE RESOLVED that the minutes of the meetings held on the 24th January and 16th February 2012 be received. 38. DECLARATIONS OF INTEREST No declarations of interest were received. 39. REQUEST FOR ADVERTISING TO BE PLACED ON PRIVATE HIRE VEHICLES FROM BARNETT (LINCOLN) LTD The Director of Resources a. presented a request from private hire operator Barnett (Lincoln) Ltd for advertising material to be placed on his licensed private hire vehicles. b. highlighted the current conditions on advertising for licensed private hire vehicles as detailed at paragraph 3 of the report. c. advised that the adopted criterion was that any advertisement should be in good taste, of local interest and size and not too dominant 1

3 d. referred Members to examples of the advertising material attached as Appendix A of the report. RESOLVED that approval be given for the advertising material detailed at Appendix A to be displayed on private hire vehicles licensed to Shaun Barnett currently and to any private hire vehicles licensed to Shaun Barnett in the future. 40. ANY OTHER BUSINESS The Chairman requested that officers review the current procedures for considering requests from Hackney Carriage and Private Hire drivers to display advertising material on their vehicles. 2

4 HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING SUB COMMITTEE Present: Councillors: Apologies: Substitutes: 14 MARCH 2012 Councillor Patrick Vaughan (in the Chair, City of Lincoln Council) David Gratrick, Loraine Woolley Councillor(s) Kathleen Brothwell, Andrew Kerry Councillor(s) Gary Hewson 53. CONFIRMATION OF MINUTES 21 FEBRUARY 2012 RESOLVED that the minutes of the meeting held on 21 February 2012 be confirmed. 54. DECLARATIONS OF INTEREST No declarations of interest were received. 55. EXCLUSION OF THE PRESS AND PUBLIC RESOLVED that the Press and Public be excluded from the meeting during consideration of the following items of business because it is likely that if members of the public were present there would be a disclosure to them of exempt information as defined by Section 100I and Schedule 12A to the Local Government Act TO INTERVIEW AN APPLICANT FOR A PRIVATE HIRE DRIVER S LICENCE [05/2012] The Committee interviewed an applicant for a Private Hire Vehicle Driver's Licence, who had not disclosed details of criminal convictions on his application. The decision was made as follows: 1. That the licence be granted. 2. That the applicant be issued with a letter reminding him of his obligation to inform the Council of any details relevant to his position as a Private Hire Vehicle Driver. Reason for decision The Committee considered the nature of the non disclosed offences and the length of time which had passed since they had been committed, noting the additional explanatory details provided by the applicant in this regard, the Committee were satisfied that there was no ulterior motive behind the applicant's non disclosure. The Committee therefore determined that the applicant was a fit and proper person to 3

5 hold a Private Hire Vehicle Driver's Licence 57. TO INTERVIEW A CURRENT LICENCE HOLDER OF A PRIVATE HIRE DRIVER S LICENCE TO ESTABLISH CONTINUED SUITABILITY TO HOLD A DRIVER S LICENCE [06/2012] The Committee interviewed a Private Hire Vehicle Driver who had received 9 penalty points on her driving licence. The decision was made as follows: That the Private Hire Vehicle Driver's Licence be suspended until the driver had satisfactorily completed the Driver Improvement Programme provided by the Lincolnshire Road Safety Partnership. Reason for decision The Licence holder's past driving record, with particular regard to recent driving convictions for exceeding the road speed limit, was of concern to the Committee. It was therefore felt appropriate for the driver to complete the Driver Improvement Programme before she can be considered to be a fit and proper person to hold a Private Hire Driver's Licence. 58. TO INTERVIEW A CURRENT LICENCE HOLDER OF A PRIVATE HIRE DRIVER S LICENCE TO ESTABLISH CONTINUED SUITABILITY TO HOLD A DRIVER S LICENCE [07/2012] The Committee interviewed a Private Hire Vehicle Driver, who had received a fine and 6 penalty points for driving while uninsured against third party risks. The driver had also received a final warning letter issued on the instructions of the Committee in November 2010 in relation to non disclosure of a caution for common assault. The decision was made as follows: That the licence be revoked. Reason for decision The Committee was concerned that the Licence holder had previously been issued with a final warning letter in relation to his conduct on 4 November The driver had then been convicted of a major traffic offence on 10 February While noting the documentation provided to the Committee by the driver, in light of the final warning letter and the Council's policy that a driver should normally be expected to have 3 years free from a conviction for a major traffic offence, the Committee was not satisfied that the driver was a fit and proper person to hold a licence. 4

6 59. TO INTERVIEW AN APPLICANT FOR A PRIVATE HIRE DRIVER S LICENCE [08/2012] The Committee interviewed an applicant for a Private Hire Vehicle Driver's Licence, who had not disclosed details of convictions within his application. The decision was made as follows: That the licence be granted. Reason for decision The Committee determined that the length of time which had elapsed since the driving offences and non disclosed convictions was sufficiently close to the 3 years free from conviction contained in the policy, that they should not be fatal to the licence applicant's application. The Committee felt the licence applicant had been frank and upfront and had presented himself well to the Committee, allowing members to satisfy themselves that the applicant was a fit and proper person to hold a licence. 60. TO INTERVIEW AN APPLICANT FOR A PRIVATE HIRE DRIVER S LICENCE [09/2012] The Committee interviewed an applicant for a Private Hire Vehicle Driver's Licence who had been unable to provide a certificate of good conduct from the country in which he had lived prior to becoming a British citizen. The decision was made as follows: That the licence be granted. Reason for decision The Committee noted the administrative difficulty the applicant faced in obtaining a certificate of good conduct from Iraq, and were happy with his CRB check since moving to the United Kingdom. The Committee were satisfied that the licence applicant was a fit and proper person to hold a licence. 5

7 HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING SUB COMMITTEE Present: Councillors: Apologies: 10 APRIL 2012 Councillor Patrick Vaughan (in the Chair, City of Lincoln Council) Kathleen Brothwell, Andrew Kerry, Loraine Woolley Councillor(s) David Gratrick 61. CONFIRMATION OF MINUTES 14 MARCH 2012 RESOLVED that the minutes of the meeting held on the 14th March 2012 be confirmed. 62. DECLARATIONS OF INTEREST No declarations of interest were received. 63. EXCLUSION OF THE PRESS AND PUBLIC RESOLVED that the Press and Public be excluded from the meeting during consideration of the following items of business because it is likely that if members of the public were present there would be a disclosure to them of exempt information as defined by Section 100I and Schedule 12A to the Local Government Act TO INTERVIEW A CURRENT LICENCE HOLDER TO DETERMINE CONTINUED SUITABILITY TO HOLD A PRIVATE HIRE DRIVER'S LICENCE 10/2012 The Committee interviewed a current Private Hire Vehicle Driver who has 9 valid penalty points on his driving licence. The Licensing Officer advised on the background to the case, stating that the driver had appeared before the Sub Committee on two previous occasions; the first in relation to criminal convictions and motoring offences; and the second in relation to non compliance of licence conditions. The decision was made as follows: 1. That the Private Hire Vehicle Driver's Licence be suspended until the driver had satisfactorily completed the Driver Improvement programme provided by the Lincolnshire Road Safety Partnership. 2. A strongly worded final warning letter be issued in relation to the importance of driving within the speed limit. The sub committee stated that should the applicant appear before the sub committee again, then they would likley take a much harsher view 6

8 Reason for decision The Licence holder's past driving record was of concern to the Committee. It was therefore felt appropriate for the driver to complete the Driver Improvement Programme before he could be considered a fit and proper person to hold a Private Hire Driver's Licence. 65. TO INTERVIEW RE LICENCE APPLICANT TO ESTABLISH CONTINUED SUITABILITY TO HOLD A PRIVATE HIRE DRIVER'S LICENCE 11/2012 The committee interviewed a re licence applicant who had provided medical evidence which had given rise to concern as to her suitability to continue to hold a licence. The decision was made as follows: The re licence application be refused Reason for decision 1. The Council have adopted the DVLA Group 2 medical standards for neurological cysts, which states that a person can drive two years after treatment provided there is no debarring residual impairment likely to affect safe driving. The committee felt that the re licence applicant was still in the very early stages of her recovery, and it would be premature to consider deviating from the policy at this time. 2. The committee would expect to see a longer period over which it could be demonstrated that there are no lasting debarring residual impairment resulting from the surgery which the re licence applicant underwent. 3. The committee did not feel confident that after such a short period of time since the re licence applicant s surgery, she could currently be considered, with any degree of certainty, a fit and proper person to hold a Private Hire licence. 7

9 LICENSING SUB COMMITTEE Councillors: Also in Attendance: Fay Smith, Peter West, Loraine Woolley 15 MARCH 2012 Application for Grant of a Premises Licence: Daniel Richardson, Assistant Solicitor, Lincolnshire Police Sergeant R Watts, Lincolnshire Police Apologies: Laura Magson, Lincolnshire Police Application for Review of Premises Licence: Also present: Leanne Woods, Lawyer, representing Lincolnshire Police Mr David Dadds, Dadds Solicitors, Representing the Premises Licence Holder Mr Kubilay Yilmaz, Premises Licence Holder 9. DECLARATIONS OF INTEREST None declared. 10. APPLICATION FOR GRANT OF A PREMISES LICENCE TOPKAPI, 131 HIGH STREET, LINCOLN. LN5 7PJ (ADJOURNED) Kevin Barron, Licensing Manager; a. advised that today's Licensing Sub Committee hearing had been adjourned from 16 February 2012 and was scheduled to determine an application for the grant of a premises licence at Topkapi, 131 High Street, Lincoln LN5 7PJ, to authorise the retail sale of alcohol for consumption both on and off the premises b. reported that Lincolnshire Police had raised objections to the application; their representation had been received by the Licensing Authority on 28 December 2011, concerning all four of the licensing objectives c. tabled a letter dated 14 March 2012 received by the Licensing Authority from Mr Dadds of Dadds Solicitors, representing Mr Kubilay Yilmaz, the Applicant, confirming that his client had now withdrawn his application for an alcohol licence d. stated that in a telephone conversation yesterday Mr Dadds had indicated to him that he wished to withdraw the application and this had been confirmed by letter this morning. Daniel Richardson, Assistant Solicitor, representing Lincolnshire Police, confirmed that he was planning to meet Mr Dadds of Dadds Solicitors this morning in respect of associated proceedings to be held this afternoon. RESOLVED that the withdrawal of the application for the grant of a premises licence at Topkapi, 131 High Street, Lincoln LN5 7PJ be noted. 8

10 11. APPLICATION FOR REVIEW OF A PREMISES LICENCE TOPKAPI, 131 HIGH STREET, LINCOLN LN5 7PJ (ADJOURNED) Kevin Barron, Licensing Manager: a. advised that the purpose of the report was to determine an application for the review of a premises licence at Topkapi, 131 High Street, Lincoln LN5 7PJ b. reported that on 28 December 2011 the Chief Officer of Lincolnshire Police made an application under Section 51 of the Licensing Act 2003 for a review of the premises licence held by Kubilay Yilmaz in relation to Topkapi, 131 High Street, Lincoln, as detailed at Appendix A to the report c. advised that Section 51 of the Licensing Act 2003 made provision for an interested party or responsible authority to apply to the Licensing Authority for a review of the premises licence; in this case Lincolnshire Police, being a responsible authority, believed that the measures put in place by the licence holder were not being complied with or were insufficient to prevent a risk to the licensing objectives of the prevention of crime and disorder, the protection of children from harm, the prevention of public nuisance and public safety d. reported on the grounds for the review as detailed at paragraph 2.5 of the report and Appendix A e. advised that a copy of the premises licence could be seen at Appendix B, which authorised the provision of late night refreshment indoors only f. stated that the conditions attached to the licence were a combination of those offered by the applicant for the licence on the operating schedule and those imposed by the Licensing Sub Committee following a representation against the grant of the licence in 2009, as detailed at Appendix B g. stated that the duty of the Licensing Authority was to promote the licensing objectives having regard to the Act and Regulations made thereunder, Guidance issued under S182 of the Act by the Home Office and the Council's own Licensing Policy h. referred to relevant parts of the S182 Guidance and the Council's own Licensing Policy, and to Human Rights legislation, as detailed in paragraphs 6.1 and 6.2 of the report i. referred to other considerations as detailed in paragraph 6.3 of the report j. informed the Sub Committee that they must consider the points raised in the review application concerning the operation and management of the licensable activity and the effect on the licensing objectives identified; the onus fell upon those making representations to show that the promotion of the licensing objectives were at risk 9

11 k. advised that on the 24th January 2012 the Licensing Sub Committee opened and adjourned a hearing on an application for a premises licence for these premises made by Topkapi Limited, Mr Yilmaz being the sole director; the hearing was as a result of the Police making a representation against the grant of the licence and was adjourned until today l. advised that notices regarding this hearing were posted to all parties on the 26 January 2012 m. advised on the options available to the Sub Committee. Representation by Leanne Woods (LW), Lawyer for Lincolnshire Police LW, Lawyer, addressed the Committee in support of the application for review made by Lincolnshire Police. She requested and received confirmation from all parties present at the hearing that they had been given sufficient opportunity to read the review application and for this reason she did not plan to go over the facts of the case again. She advised that discussions had now taken place between Lincolnshire Police, Mr Dadds of Dadds Solicitors and his client, Mr Kubilay Yilmaz, which had resulted in agreement being reached between both parties in respect of additional conditions to be added to the current premises licence. (A written copy of the additional conditions was circulated at the hearing). LW added that agreement had also been reached between both parties for the removal of the following existing conditions on the premises licence, as they were not considered relevant, subject to the determination of the Sub Committee: Annex 3 Point 8 of Annex 2. She summarised the following main points in relation to concerns raised by Lincolnshire Police: The review had been brought about due to concerns in relation to crime at the premises, and in particular stolen goods through the shop. The premises were failing to promote the licensing objective of crime and disorder. Lincolnshire Police believed and had evidence/concerns as to whether the licensing conditions were being complied with, especially in relation to CCTV. There were concerns in relation to the attitude of the owner and whether he was keen to work towards the licensing objectives. She would not go into any further detail unless the Sub Committee wished her to do so; additional conditions had been agreed between the two parties, subject to the determination of the Licensing Sub Committee. LW advised that the brother of Mr Yilmaz was connected with police investigations, he had now been released on bail and was currently suspended from working at Topkapi; 10

12 agreement had been reached between both parties that he would not be employed or re engaged at the premises without written consultation with Lincolnshire Police. Mr Dadds of Dadds Solicitors, representing the Premises Licence Holder, confirmed that he had no questions to ask of Lincolnshire Police. Members of the Licensing Sub Committee confirmed that they had no questions to ask of LW. Submission by Mr David Dadds, (DD), Dadds Solicitors, representing Mr Kubilay Yilmaz (KY) DD addressed the Sub Committee, covering the following main points: He noted that members of the press were present. He advised that his client had already agreed his position, although he did not accept everything Lincolnshire Police had submitted in their evidence as correct. The original review had emerged from an application made by the premises to authorise the retail sale of alcohol which had since been withdrawn. The owner of the premises would try to engage with Lincolnshire Police for a gradual approach in future. Between the hours of 11.00pm and 5.00am when hot and cold food was served at the premises there had been no problems in respect of the four licensing objectives or concerns in relation to crime/public nuisance. There had been no reports received from Environmental Health or complaints from members of the public. The Premises Licence Holder accepted the concerns made by Lincolnshire Police in respect of some members of staff, and one employee had been suspended. This matter would be left to police investigation. The role of the Licensing Authority was not to establish guilt of an individual but to ensure the licensing objectives were promoted. He accepted as representative of his client he may have differing views; however he did not consider it necessary to go into further detail. His client was happy to accept the conditions suggested by Lincolnshire Police as outlined in the tabled document circulated today. The brother of KY would remain suspended from duties at Topkapi until the outcome of the investigation was concluded, and would continue to work with Lincolnshire Police accordingly. Between the hours of 11.00pm and 5.00am KY remained of the opinion that the licensing objectives were being complied with; there had been no problems. LW, representing Lincolnshire Police, confirmed she had no questions to ask of DD. Members of the Licensing Sub Committee confirmed that they had no questions to ask of DW. Summing Up: Representation by Leanne Woods (LW), Lawyer for Lincolnshire Police 11

13 LW, representing Lincolnshire Police, confirmed she had nothing further to say. Summing Up: Submission by Mr David Dadds, (DD), Dadds Solicitors, representing Mr Kubilay Yilmaz (KY) DD, representing the Premises Licence Holder, confirmed that he had nothing further to say. Members retired to determine their decision. Decision James Ellis (Solicitor for Lincolnshire Police) prior to the decision being read out by the Chair confirmed that he had been called into the Sub Committee's deliberations to provide legal advice and clarify the same. Having had regard to the application and the representations made, the Licensing Sub Committee considers it necessary for the promotion of all four licensing objectives, namely the Prevention of Crime and Disorder, The Protection of Children from Harm, Prevention of Public Nuisance and Public Safety to modify the conditions on the Premises Licence as follows; A. The following conditions shall be deleted: i. Paragraph 8 of Annex 2 Conditions consistent with the operating schedule; namely; Instruction and training shall be given to those engaged in employment or otherwise assisting on the premises in preventing harm to children ii. Annex 3 Conditions consistent with the operating schedule; namely 1. A tamper resistant CCTV system shall be installed, maintained in working order and operated at the premises to the satisfaction of Lincolnshire Police and must be "Fit for Purpose" by complying with the following conditions: i. The system shall be used to record during all hours that the premises are open to the public for the licensable activities i.e. between 2300 hours and 0500 hours ii. Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc) a secure storage system to store those recording mediums shall be provided iii. The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 28 days and must be endorsed with the accurate relevant time and date iv. The system shall be capable of monitoring and recording satisfactory colour images from each and every camera continually e.g. Multiplex facility v. The system will enable a frontal head and shoulders image of every person entering 12

14 the premises. 2. Recordings shall be made available to an Authorised Officer or a Police Officer (subject to the Data Protection Act 1998) within 24 hours of any request. 3. Officers of the Lincolnshire Police shall be permitted access to the system at any reasonable time. 4. Signage shall be clearly displayed informing customers that a CCTV system is in operation and recording on the premises. 5. The new licence shall not come into force until all other licences held for the premises are surrendered. B. The following new conditions shall be added: A CCTV system shall be installed and (or alternatively where such a system is already installed shall be maintained in working order) and operated at the premises to the satisfaction of Lincolnshire Police, specifically: 1. The system shall be used to record during all hours that the premises are open to the public. 2. The system shall be capable of monitoring and recording satisfactory colour images from each and every camera continually. 3. A high resolution (minimum 15 inches) monitor shall be sited in or near the counter area. This will give staff visible reassurance on the installation and quality of images provided. 4. All equipment shall have constant time/ date generation (see point 6 below). 5. The system will enable a frontal head and shoulders image of every person entering the premises. For clarity this refers to all points of access/ egress. 6. Recordings must be kept for a minimum of 31 days and endorsed with the accurate, correct time/ date (BST/GMT). 7. Police and/or authorised officers of Lincoln City Council shall be able on attendance to view immediate playback of any incident without the necessity for download, and those images shall be of such quality and content as to provide a clear overview of the incident. 8. A member of staff shall be on the premises at all times they are open to the public who is capable of operating the CCTV system to facilitate immediate viewing of the footage by the police and/or authorised officers. 9. Unedited recordings of incidents at the premises must be secure for inspection by the police and/or authorised officers of Lincoln City Council and provided within 24 hours. 13

15 10. Where recordings are provided: a) Playback software shall be written to the CR R/DVD R at the same time of writing the CCTV images. b) The playback software must be able to playback the images at full screen resolution with forward, reverse replay, including pause and slow motion. 11. Where the recording is on a removable medium (ie videotape, compact disc, flash card etc) a secure storage system to store those recoding mediums shall be provided). 12. Recording equipment shall be housed in a secure room/ cabinet where access and operation is strictly limited to authorised persons. 13. Signage shall be prominently displayed informing customers that a CCTV system is in operation and recording on the premises. 14. A sequentially numbered bound incident log book shall be held at the premises and available for inspection by the police or an authorised officer of Lincoln City Council on request. Incidents shall include, but is not limited to, any conduct that might undermine the crime prevention objective. a) The nature of the incident, date and time of the incident, description/names of those involved in the incident and action taken as a result of the incident shall be recorded. b) Incidents occurring between the hours of hours shall be recorded as soon as reasonably practicable. c) At 2300 hours all incidents occurring in the previous 24 hours shall be recorded. Reasons for Decision 1. The Sub Committee appreciate that the Police has concerns regarding these premises and the risk to the licensing objectives. It also appreciates that some matters have not been examined by the Courts and therefore it is not for the Sub Committee to determine them but it recognises its duty to ensure that the licensing objectives are promoted. 2. Following discussions held today between the applicant (Lincolnshire Police) and the licence holder, both parties agree that the above modified conditions are necessary for the promotion of the four licensing objectives and therefore for the proper and lawful operation of the premises. 3. The Sub Committee felt that the undertaking given by the licence holder, that the person suspected of putting the licensing objective of the prevention of crime and disorder at risk is currently suspended, and will not be permitted back without the Police being first informed, was a positive step in ensuring the future promotion of that licensing objective. 14