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Agenda and minutes

Agenda and minutes

Venue: The Executive Meeting Room - Third Floor, The Guildhall, Portsmouth. View directions

Contact: Joanne Wildsmith, Democratic Services, Tel: 9283 4057  Email: Democratic@Portsmouthcc.gov.uk

Items
No. Item

52.

Election of Chair

Minutes:

Councillor Lee Mason was appointed to Chair this meeting.

53.

Declaration of Members' Interests

Minutes:

There were no declarations of members' interests.

54.

Exclusion of Press & Public

RECOMMENDED that the following motion be adopted:

"Under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded for the consideration of the following item on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972".

 

Agenda item and paragraph numbers:

Item 4 - Local Government (Miscellaneous Provisions) Act 1976 and Town Police Clauses Act 1847 - Consideration of Private Hire Driver Licence - Mr B

Under exemption paragraph numbers 1, 2 & 3

 

Exemption paragraph numbers 1, 2 & 3 relate to:

1.         Information relating to any individual

2.         Information that is likely to reveal the identity of an individual

3.         Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

(Members are asked to hand in their confidential papers to the Democratic Services Officer at the end of the meeting)

 

Minutes:

RESOLVED that under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public were excluded for the consideration of the following item on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972.

 

Agenda item and paragraph numbers

Item 4 - Consideration of Driver Licence Matter Mr B

(exempt report under paragraph numbers 1,2 & 3).

 

55.

Local Government (Miscellaneous Provisions) Act 1976 and/or Town Police Clauses Act 1847 - consideration of driver licence matter - Mr B

An exempt report has been circulated to the members of the Sub-committee only.

 

RECOMMENDED that the Sub-committee determine the matter.

 

 

The next item will start from approximately 10.30 onwards

Minutes:

An exempt report had been circulated to the members of the Sub-committee

only.  There is an exempt minute of this item.

 

Mr B and his representatives were in attendance. Mr L Matthewson, Licensing Officer was also present.

 

The simplified hearing procedure was followed.

 

RESOLVED that the Private Hire Driving Licence of Mr B be revoked for the minimum period of 5 years as per the policy.

56.

Licensing Act 2003 - Application for variation of a premises licence - Gida Express, 12 Guildhall Walk, Portsmouth, PO1 2DD pdf icon PDF 77 KB

The purpose of the report by the Licensing Manager is for the committee to consider an application for the variation of a premises licence pursuant to section 35 of the Licensing Act 2003 ("the Act").  The matter has been referred to the committee for determination following receipt of relevant representation(s) from two responsible authorities. Further detail about the representations received is shown at paragraph 4 of the report.

 

(Appendix D relates to a previous decision taken by Licensing Sub Committee on 18th January 2017, Minute 4)

 

The committee is requested to determine the application.

Additional documents:

Minutes:

The hearing procedure of Licensing Act 2003 applications for 'Responsible Authorities' was followed.

 

Present:

The applicant Mrs Minoo Sefidan and her advocate Mr Phil Crier

PC Rackham and Nickii Humphreys, Licensing Manager (as responsible authorities)

 

Mr Derek Stone to present the Licensing Officer's report

 

The Licensing Officer Mr Stone presented the report on the application, which had been circulated.

 

Members did not ask questions of the Licensing Officer following his presentation. There were no questions of him by the applicant or responsible authorities.

 

The Applicant's Case was then presented by Mr Crier, on behalf of Mrs Sefidan.  He asked that the business have the opportunity to trade at hours favourable to the extended hours for the surrounding nightclubs (since the temporary closure and refurbishment of the premises) and it was regretted that a couple of breaches had happened when the applicant had not been on site and the staff had been trained and there was a good record regarding crime and disorder in the cumulative impact zone (CIZ).

 

Members asked questions covering the breach of the 3.30am trading hours and the use and maintenance of the CCTV system (which now had backup systems in place), the management of the business with a late night door supervisor now in place, and the hours of other takeaway businesses in the locality.

 

Questions were then asked by responsible authorities; firstly by Nickki Humphreys regarding the breach on 31st October with the handling of money after hours and the regularity of checking the CCTV system for faults.  PC Rackham then asked about how long the CCTV had been out of action; it was not known how long it had not been operational. He also asked why a second breach of trading hours had taken place.

 

The responsible authorities' cases

a)            Police

PC Rackham presented his submission on behalf of the Chief Officer of Police and outlined the breaches witnessed by the police officers.  Whilst he appreciated the measures put in place he was still deeply concerned by the running of the business due to the breaches that had occurred and the need to adhere to imposed conditions.  There was missing CCTV evidence over 4 weeks.  There were crime and disorder issues in the cumulative impact zone especially at the hours for which the variation was sought.

 

Members asked questions regarding the number of breaches over the long period that the business had been running and why concerns were being raised regarding this licensed premises.  The police wanted high standards throughout the CIZ.

 

Mr Crier asked questions on behalf of the applicant about the low level of anti-social behaviour incidents during the 17 years trading, the incident when PC Rackham had not been admitted to the premises when he was not recognised, and the positive impact of the proposed conditions.

 

b)            Licensing Manager

Nickki Humphreys presented her submission (letter page 35 of the papers) and referred members to the guidance on CIZs, the need to consider the number of licensed premises in the  ...  view the full minutes text for item 56.