Agenda, decisions and minutes

                        None were received.               

None were received.  

That the press and public be excluded from the meeting for the following item as it is considered to contain exempt information by virtue of paragraphs 12 and 18 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

RESOLVED:

That the press and public be excluded from the meeting for the following item as it is considered to contain exempt information by virtue of paragraphs 12 and 18 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

For Members to consider and determine an application for a Private Hire / Hackney Carriage (Joint) Driver Licence

That in light of the evidence produced both in written form and orally at the meeting, the Sub-Committee refused to grant the application for a Private Hire/Hackney Carriage (Joint) Driver Licence. 

The Chairman welcomed the applicant, introduced the Members of the Sub-Committee, and explained the procedure for the hearing. 

            The Senior Licensing Officer introduced the report, the purpose of which was for Members to determine an application for a Private Hire/Hackney Carriage (Joint) Driver’s Licence.  The report detailed the contents of the application (Appendix A) and provided details of a ‘Fail to Notify Circumstances Affecting Benefit / Other Payment’ under the Social Security Administration Act.  A written explanation from the applicant was attached (Appendix C). 

Additional information had been disclosed at the discretion of the Chief Officer of Police, who deemed it relevant to the application and the wording of the disclosure was attached (Appendix B). 

The Sub-Committee considered the report of the Director of Environment and was requested to determine whether the applicant was a fit and proper person to be granted a Private Hire/Hackney Carriage (Joint) Driver licence.           

            The Chairman referred to the applicant’s conviction and the additional information provided by the Chief Officer of Police and invited the applicant to provide details of both.  The applicant also explained why he felt he was a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Driver Licence.

The Chairman invited members of the Sub-Committee to ask questions to which the applicant responded.  The applicant also outlined his current family situation and employment history.   

Mr. T. Dillon questioned the applicant in further detail concerning the circumstances detailed in the information provided by the Chief Officer of Police.  He also provided confirmation of details relating to the failure to notify of a change in circumstances affecting benefits.  

When the Chairman was satisfied that the Sub-Committee had asked the applicant and the Senior Licensing Officer all relevant questions he asked the applicant and the Officer to leave the meeting whilst the Sub-Committee made their decision.   

            DETERMINATION OF THE APPLICATION

The Sub-Committee considered the application including both written and oral representations made by the applicant and the Licensing Authority and also the written representation from the Chief of Police. 

Following careful considered of all of the information and evidence provided, the Sub-Committee were of the view the applicant was not a fit and proper person to hold a private hire/hackney carriage (joint) driver licence. 

            DECISION

The Senior Licensing Officer and the applicant were invited to return to the meeting.

The Chairman advised the applicant that based on the written and oral evidence, the Sub-Committee had decided that he was not deemed a fit and proper person within the meaning of the Local Government (Miscellaneous Provisions) Act 1976 to hold a Private Hire/Hackney Carriage (Joint) Driver Licence.  The reasons for the Sub-Committees decision were read out to the applicant.

RESOLVED:

That in light of the evidence produced both in written form and orally at the

meeting, the Sub-Committee refused to grant the application for a Private

Hire/Hackney Carriage (Joint) Driver Licence. 

DURATION OF MEETING

            The meeting commenced at 9.30am and ended at 10.50am.

MEMBER OF THE PRESS AND PUBLIC  ...  view the full minutes text for item 4.

That the certificate be suspended until Monday 2 September 2013 on the basis that Mr Morris and/or his agents rescue the club and ensure that the licensing objectives will be followed and indeed promoted together with governance of the club conducted in good faith.

The Sub-Committee considered the report by the Director of Environment which was an application for the review of the club premises certificate at Coed Llai Sports and Social Club, King Street, Leeswood.

                        The application was received by the Licensing Section on 18 April 2013 which was made by the Licensing Authority acting as a Responsible Authority on the grounds of the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm.

            REPRESENTATIONS BY RESPONSIBLE AUTHORITIES

            Flintshire County Council

Mr Lovatt explained that the Licensing Authority had sought information from the club to determine whether the club was established and conducted in good faith in accordance with Part 4 of the Licensing Act 2003.  A written request for information about the governance of the club was not responded to and repeated attempts to set up meetings to discuss matters proved unsuccessful. 

                        The review application plus supporting documents were shown in the appendices to the report.

                        The review process had been advertised by the Council in order to allow persons to make representations if they wished to do so in accordance with the requirements within the Licensing Act 2003.  Representations received from interested parties were appended to the report.

                        The grounds for the review were outlined by Mr Lovatt and also contained within the appendices to the report.  The grounds included the suspicion of under age sales of alcohol and smoking on the premises, concerns from the local Police Community Support Officer (PCSO) regarding under age sales of alcohol, issues relating to gaming machines, possession of cocaine, fighting inside and outside the club, assault in the club and concerns reported by a resident.  It had also become evident that the name of the club had been changed to the Kings Club and that the Club Rules had changed; both of those actions required the submission of a formal notification to the Licensing Authority which did not happen.  Both were offences under Section 82 of the Licensing Act 2003.

                        Mr Lovatt reiterated the attempts that had been made to meet with representatives from the club which proved unsuccessful.  It was his understanding that Mr Stephen Davies was the manager of the club. 

In February 2013 Martin Hughes, who said he was temporary manager at the club whilst Stephen Davies was away, attended County Hall with an intention of paying an outstanding fee for a permit that the club held enabling them to have gaming machines on the premises.  A number of attempts were then made to set up a meeting with club representatives, the Police, the Gambling Commission and the Licensing Authority with the intention of identifying the current governance arrangements at the club and to discuss the various concerns.  Despite agreeing dates, times and locations by telephone and confirming those in writing, the club representatives did not attend the first meeting.  That meeting was rearranged but two days prior to the meeting Mr Hughes left a telephone message to say he could not  ...  view the full minutes text for item 5.