Stratford-on-Avon:

Minutes for General Purposes Licensing Committee meeting, Jul 14 2009, 10.00AM official page

Other committee documents for Stratford-on-Avon :: General Purposes Licensing Committee details

Venue: Council Chamber, Elizabeth House, Stratford-upon-Avon. View directions

Contact: Alan Sheepy 

Items No. Item

153.

Disclosure of Interests

(Note: Members are reminded that the Code of Conduct provides that should they have a prejudicial interest in any matter under discussion and providing the matter is considered in public session, they are entitled to make representations and answer questions if members of the public are granted the same entitlement. Members must leave the room before the ensuing debate and vote and must not attempt to improperly influence a decision about that matter.)

 

Minutes:

Councillor Beamer disclosed a Personal Interest in Minute 158 as he had been in contact with Mr. Gibson.

 

All Members of the Committee disclosed that they had received a communication from Mr. Gibson in respect of Minute 158.

154.

Minutes PDF 43 KB

To confirm and sign the minutes of the meeting held on 9 June 2009

Minutes:

The Minutes of the meeting held on 9 June 2009 were confirmed and signed.

Due to the need for a Member of the Licensing Team to return to the office as a matter of urgency, the Chairman agreed to alter the order of business before the Committee. The Minutes reflect the order in which the items were considered.

155.

Vehicle Registration FC02 ETF PDF 57 KB

To consider an application for the renewal of a Hackney Carriage vehicle licence for vehicle registration FC02 ETF which exceeds the maximum age of vehicle as set out in the Policy of the Council.

Additional documents:

  • Restricted enclosure         that the new signage requirements had been subjected to consultation within the Private Hire industry; and

     

    ·         the distinctive corporate colour of the Community Links vehicles

     

              RESOLVED:

     

    That the application for an exemption be refused on the grounds that

     

    a)     the door signage had been designed to indicate that vehicles were correctly licensed;

     

    b)     the door sign would not stand out or detract from the vehicles; and

     

    c)     the door signage would avoid confusion of the vehicles with Hackney Carriages.

     

    NOTE: The applicant to be informed that any appeal against the foregoing decision should be made to the Warwickshire Magistrates Court within 21 days of the notification of the decision.

157.

Airport Radio Taxi's and Private Hire PDF 37 KB

To consider an application by Airport Radio Taxi’s and Private Hire for an exemption form the policy requirement and licence condition to display a vehicle licence plate and door signage on a private hire vehicle.

Additional documents:

  • Restricted enclosure  That the application for an exemption be refused on the grounds that the nature of the corporate work undertaken did not justify such an exemption and the door signage had been designed to protect the public and to avoid confusion of the vehicles with Hackney Carriages; and

     

    (2)  That the Committee note that a specific policy had been introduced by the Council to exempt ‘Executive Hire’ vehicles and provide such vehicles with an exemption to the requirement to display identifying signage.

     

    NOTE: The applicant to be informed that any appeal against the foregoing decision should be made to the Warwickshire Magistrates Court within 21 days of the notification of the decision.

     

    NOTE: In respect of the following two requests for Street Trading Consents, it was reported that, regrettably, the objectors to both applications had not been notified of the date and time of the Committee meeting.

     

    However, all objectors had been contacted by telephone and had indicated that they were in agreement to the applications being considered in their absence on the understanding that their respective comments had been made available to the Committee in advance of the meeting.

    158.

    Mr. David O'Connor PDF 41 KB

    To determine an application for the grant of a street trading consent made by Mr David O’Connor on 19 April 2009

    Additional documents:

    • Restricted enclosure         the Unit was on a raised platform with no safe access;

       

      ·         the Unit was not removable;

       

      ·         the area was saturated with catering businesses; and

       

      ·         Health and Safety issues.

       

      The options open to the Committee were

       

      (1)      to grant the application with or without conditions; or

       

      (2)      to refuse the application.

       

      On the invitation of the Chairman, Mr. O’Connor addressed the Committee in support of the application during which he presented the Council with letters and a petition supporting his application.

       

      On the invitation of the Chairman Mrs Gillian Gibson addressed the Committee on behalf of her husband who was an adjoining street trader and had submitted an objection to the application.

       

      Having heard all of the representations made, the Committee adjourned to consider the application.

       

      Following completion of the deliberations and on the evidence presented which indicated that

       

      ·         there was a perceived need for such a facility; and

       

      ·         the other street traders referred to in the objections were sited on other industrial estates,

       

       the Committee

       

                RESOLVED:

       

      That the application be granted subject to the standard conditions contained in the Street Trading and Collections Policy.

       

       

      159.

      Mr. Adrian Edwards PDF 43 KB

      To determine an application for the grant of a street trading consent made by Mr Adrian Edwards on 7 May 2009

      Additional documents:

      • Restricted enclosure     Mr. Edwards in support of his application;

         

        b)     District Councillor Honychurch (Ward Member) who had originally raised concerns over the application, but having spoken to the applicant indicated that he now supported the venture; and

         

        c)     a representative of Stratford Town Trust objecting to the application.

         

        Having heard all of the representations made, the Committee adjourned to consider the application.

         

        Following completion of the deliberations and on the evidence presented, the Committee acknowledged the potential conflict with retail outlets in Henley Street as outlined in the representations received, and

         

                  RESOLVED:

         

        That the application be refused on the grounds that the proposal

         

        a)     was deemed to be inappropriate due to the size of the proposed structure and would detract from the visual and historical ambiance of Henley Street;

         

        b)     would conflict with local retail outlets; and

         

        c)     on Health and Safety reasons would be likely to conflict with pedestrians using Henley Street.

         

        160.

        Exclusion of the Public

         The Chairman to move

         “That, pursuant to Section 100A(4) of the Local Government Act 1972 (as amended), the public be excluded from the remaining business of the meeting in view of the fact that the nature of the proceedings will be such that, if the public were present, there would likely be disclosure to them of exempt information under Paragraph 1 & 2 of Part I of Schedule 12A to the said Act (as amended)".

         

        Minutes:

        On the Motion of the Chairman, it was

         

        RESOLVED:

                   

        That, pursuant to Section 100A (4) of the Local Government Act 1972 (as amended), the public be excluded from the remaining business of the meeting in view of the fact that the nature of the proceedings will be such that, if the public were present, there would likely be disclosure to them of exempt information under Paragraph 1 of Part I of Schedule 12A to the said Act (as amended).

        161.

        Dual Driver Licence Application - Mr. M

        Minutes:

        Consideration was given to an application from Mr. M who wished to become a dual Hackney Carriage and Private Hire driver. The Criminal Records Bureau report was circulated to Members at the meeting.

         

        On the invitation of the Chairman, Mr. M addressed the Committee in support of his application.

         

        In considering the application, the Committee was informed that they should not grant a licence to drive Hackney Carriage and Private Hire vehicles unless satisfied that the applicant was a ‘fit and proper person’ to hold such a licence.

         

        Having heard all of the representations made, the Committee adjourned to consider the application.

         

        Following completion of its deliberations and on careful consideration of the evidence presented, the Committee having regard to the circumstances of the particular incident resulting in the caution, which appeared to be a one-off and for which the applicant expressed remorse

         

                  RESOLVED:

         

        That a dual Hackney Carriage and Private Hire driver Licence be granted to Mr. M.

         

        162.

        Dual Driver's Licence - Mr. S

        Minutes:

        Consideration was given to an application from Mr. S for the renewal of his dual Hackney Carriage and Private Hire drivers licence as a result of the 9 penalty points he had accrued.

         

        On the invitation of the Chairman, Mr. S addressed the Committee in support of his application.

         

        In considering the application, the Committee was informed that they should not refuse to renew a licence to drive Hackney Carriage or Private Hire vehicles without reasonable cause.

         

        Having heard all of the representations made, the Committee adjourned to consider the application.

         

        Following completion of its deliberations and on careful consideration of the evidence presented, the Committee whilst acknowledging the seriousness of the issuing of penalty points accepted that there were extenuating circumstances noted the applicant’s remorse and

         

                  RESOLVED:

         

        That a dual Hackney Carriage and Private Hire driver Licence be granted to Mr. S.

         

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