Agenda and minutes

Members are asked to declare any interests in the items under consideration and in doing so state:

(1) the type of interest concerned either a

(a)   personal interest

(b)   prejudicial interest

(c)    disclosable pecuniary interest (DPI)

and

(2) the nature of the interest concerned

If any member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

Councillor Owen declared a disclosable pecuinary  interest in Item 3, Renewal of Sexual Entertainment Licence- Eden One, the nature of the interest being that the applicant Mr Sayers was a client of his law practice. Councillor Owen left the room during consideration of that item.

Resolved: That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the whole item, including the decisions referred to at Agenda items 4 and 5 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

To agree the minutes of the last meeting held on 6 November 2018 as a true and correct record.

The Sub-Committee considered the minutes of the last meeting held on 6 November 2018.

Resolved:

That the minutes of the last meeting held on 6 November 2018 be approved and signed by the Chairman as a correct record.

(The report for this item is public. However Appendices 3(a) and 3(b) contain information regarding complainants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972. It is considered on balance that the public interest would not be served by publishing the information as it could prejudice the outcome)

The Sub-Committee considered an application for the renewal of a Sexual Entertainment Venue in respect of Eden One, First and Second Floor, 15-17 Queen Street.

The Sub-Committee noted that following the submission of the renewal application, representations had been received from both the Police and the Licensing Service. The representations referred to a significant number of issues on the premises particularly as regards complaints of alleged overcharging.

The Police had included in their comment that a number of meetings have taken place with the operator who has shown a willingness to work with the authorities to reduce the number of complaints and a number of measures have already been put in place namely:

·         Upgraded CCTV system with 20 cameras including the booths where dances take place and the area where card transactions are processed;

·         All dancers to sign up to the ‘appropriate sales techniques’ document created by the licence holder

·         Management interventions to take place before large card transactions take place.

The Police and Licensing Service had requested the following conditions be added to licence in addition to the standard conditions:

·         All management, bar staff and dancers working on the premises should receive documented training which will be signed and dated. This training should include appropriate sales techniques and policies in place to prevent misleading or illegal sales of services. This should also make reference to drunkenness/capacity of customers.

·         All electronic/card payments will be recorded in a consecutively numbered carbonated book and will include: What the customer has paid for in as much detail as possible, all staff members involved in services/transactions, the amount paid.

·         The customer will be given the opportunity to sign this record, the customer will be  provided with a copy of this record, these records will be clear and legible and the record book will be made available to an authorised officer on request.

·         There will be sufficient measures in place to prevent dancers facilitating their own payment methods i.e. card terminals, internet banking;

·         Dancers will not be allowed mobile phones in any performance area

·         All card terminals will be at a fixed point. There will be CCTV coverage to show the individual making the transaction

·         Interventions by a member of management will take place on all transactions above £100 to ensure that the customer has the capacity to pay for services

·         A member of management should conduct random checks to ensure customers are not served when drunk

·         Dancers price lists will be prominently displayed so that customers know how much services costs without ambiguity

·         Members of staff/dancers must not assist customers in using cash machines

·         Receipts of any card payments will be kept on the premises for at least one calendar month and be made available to an authorised officer on request.

Ms Ashley Sayers, Manager of the Premises, was in attendance accompanied to by two other members of staff. She explained that the premises was keen to work with responsible authorities and that it would accept the imposition of the proposed conditions on the  ...  view the full minutes text for item 4.

During consideration of the preceding item the following motions were moved, seconded, voted upon and lost:

“ To refuse the application for the renewal of the Sexual Entertainment Venue for Eden One on the grounds that that the applicant is unsuitable to hold the licence due to the number of complaints regarding the operation of the premises.”

“To defer consideration of the application for the renewal of the Sexual Entertainment for Eden One to a special meeting of the Sub-Committee to further consider the issue.”

(Note: Having declared a Disclosable Pecuniary Interest in the item Councillor Owen left the room and took no part in the voting on this item.)

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee considered two applicants for Scrap Metal Dealer Licences who have been convicted of relevant offences or who have otherwise given reasons for concern in respect of the following cases:

G.D (New)

Mr Ryan Ratcliffe, Licensing Officer was in attendance and outlined the relevant information. Mr Ratcliffe highlighted the serious concerns over G.D’s suitability given the fact he has been refused a licence by another authority (Oldham MBC) within the last six months following an objection from the Police.

G.D was in attendance accompanied by a friend and made representations to the Sub-Committee. He explained that he remained unclear as to why he had been refused a licence from Oldham MBC and that he now resided permanently in Blackpool.

The Sub-Committee considered the evidence and expressed concern as to the reason behind the refusal of a licence in Oldham including offences related to dishonesty and suspicion that he had operated as a Scrap Metal Dealer while his had lapsed. There had been no suitable explanation given either in Blackpool or Oldham.

Resolved:

That the application for a Scrap Metal Dealer in respect of G.D. be refused as he is not a fit and proper person to hold such a licence.

P.S (New Applicant)

Mr Ryan Ratcliffe, Licensing Officer was in attendance and outlined the relevant information. Mr Ratcliffe highlighted the serious concerns over P.S’s suitability given the fact he had been convicted of relevant offences under the Environmental Protection Act 1990.

P.S. was in attendance accompanied a family member and made representations. He explained that the offences had occurred when he first moved to this country due to confusion about the regulatory regime. He emphasised that he had no issues since then and that he required the licence to support his extended family.

The Sub-Committee considered the evidence and expressed concern as to P.S’s convictions for offences involving the illegal dumping of waste. It concluded that in the absence of suitable explanation or mitigation such convictions meant that P.S. was not a suitable person to hold such a licence.

Resolved:

That the application for a Scrap Metal Dealer in respect of P.S. be refused as he is not a fit and proper person to hold such a licence.

A.J.B. (New)

Mr Lee Petrak, Licensing and Health and Safety Manager, was in attendance and outlined the relevant information. Mr Petrak highlighted that while A.J.B. had been convicted of a number of offences that while not directly relevant to the licence showed a pattern of violence and disobedience of authority.

A.J.B. was in attendance and made representations to the Sub-Committee. He emphasised his regret at the incidents and that he fully intended to comply with the requirements for such a licence.

The Sub-Committee considered carefully the evidence submitted by both parties. The Sub-Committee expressed concern but balanced the concern with A.J.B’s evidence and genuine remorse. It therefore agreed to grant the licence with a warning as to future conduct.

Resolved:

That the Scrap Metal Dealer’s licence be granted  ...  view the full minutes text for item 6.

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee was informed of two Horse Drawn Hackney Carriage Licence Holders and one applicant for a Private Hire Vehicle Driver’s Licence who had been convicted of offences or given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

A.T (New Private Hire)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance and presented the relevant information. Mr Ratcliffe highlighted that A.T. had been convicted of drink driving with the driving ban ending less than five years ago and had been convicted of more than 2 violent offences within the last ten years and therefore the application should be considered as not in line with the Hackney Carriage and Private Hire Licensing Policy.

A.T. was in attendance and made representations to the Sub-Committee. A.T. expressed remorse for the incidents but asked members to bear in mind the relatively minor nature of the offences and these had all taken place when he had a problem with alcohol. A.T. emphasised that he no longer had issues with alcohol.

The Sub-Committee considered carefully the evidence submitted by all parties. It agreed however that there were no grounds to depart from the Hackney Carriage and Private Hire Licensing Policy given the volume of relevant offences and their recent nature.

Resolved:

That the application for a Private Hire Driver’s Licence in respect A.T. be refused on the grounds that he is not a fit and proper person to hold such a licence.

M.N (Existing Horse Drawn Hackney Carriage)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance and presented the relevant information. Mr Ratcliffe highlighted that M.N. had been involved in an incident reported to the Council where the Horse Drawn Hackney Carriage he was driving had nearly collided with a pedestrian having gone through a red light.

M.N. was in attendance and made representations to the Sub-Committee. He explained that in relation to the incident he had made an error of judgement but that it was not always possible to stop a horse drawn vehicle as quickly as a car. M.N expressed remorse but asked that his previous unblemished record having been licensed for many years be balanced

The Sub-Committee considered carefully the evidence submitted. It considered the incident very seriously and noted that on the day M.N. had fallen well below the excepted standards of a licensed driver. It however took the view that the incident had been a one off so agreed to deal with by way of a warning as to future conduct.

Resolved:

That the case in respect of M.N. no action be taken other than a letter be issued warning the licence holder that in the event of any further incidents the licence may be suspended or revoked.

A.C.H (Existing Horse Drawn Hackney Carriage)

The Sub-Committee was informed that the Licence Holder had requested that the referral be deferred to enable his legal representative to attend.

Resolved:

That the referral in respect of A.C.H. be deferred to the next meeting of the Sub-Committee.

To note the date of the next meeting as 15 January 2019.

Resolved:

To note the date of the next meeting as 15 January 2019.