Agenda and minutes

To receive any apologies for absence and declarations of interest.

There were no apologies for absence.

To consider an application for a premises licence - Fairycroft House, Saffron Walden.

The Chairman introduced the Panel and explained procedure to those present.

The Licensing Team Leader gave a summary of the report.

Fairycroft House, Saffron Walden had historically been a youth centre serving the town for over thirty years. The venue was now being used as a community arts and media centre with a bar and hall that hosted live music events. The premises owners had decided to apply for a premises licence as they were running out of temporary event notices.

The Chairman invited those who had submitted representations to address the Panel.

Mr Kryzevicius said he lived next door to Fairycroft House and was concerned that if a premises licence was granted there would be an increase in noise and disruption to neighbouring properties. He said he was particularly worried for his children who had found it difficult to sleep at night when events were hosted in Fairycroft House, especially during the summer months when windows were left open.

Mrs Blows said she lived across the road from Fairycroft House but was still disturbed late at night when people were leaving the venue, particularly when they came and sat on her ground floor window sill. She could also hear the music as windows had been left open during the summer months. She was concerned that if a licence was granted, this would provide an opportunity for the premises owners to open every night.

In response to a question from Mr Atkinson, Mrs Blows said she heard the music on Sundays, up to 10pm.

Mr Atkinson said this was not live events but rehearsals, which were not related to the conditions of a premises licence.

Mr Christou, speaking on behalf of Mrs Christou, said he lived next door to Mrs Blows and was also disturbed by the noise pollution emanating from Fairycroft House. He said any events after 8pm would cause a public nuisance in such a built up and residential area and these concerns had not been addressed in the application. He highlighted a number of elements that could be conditioned to mitigate the impact on residents. He supported the continued community use of Fairycroft House but was worried about the effects such a licence would have on neighbouring residents if granted.

The Chairman invited the applicant to address the Panel.

Mr Atkinson said he wanted to reassure those present that he would work with local residents to find a solution for all. He said he was not opening a bar or nightclub and the majority of people working at the venue were volunteers. He had only applied for the full allowance of hours in his application as that had been the advice he had been given; he stressed that there was no intention of opening every day. He said a range of events were hosted for the community at the venue, such as music school concerts and jazz nights, and 90% took place on a Friday or Saturday night. He said the intention was to create a community  ...  view the full minutes text for item 2.

Consideration of reports containing exempt information within the meaning of section 100I and paragraphs 1 and 2 part 1 Schedule 12A Local Government Act 1972.

RESOLVED that under section 100I of the Local Government Act 1972 the public be excluded for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 1 and 2 part 1 of Schedule 12A of the Act.

To determine an application for a private hire/hackney carriage driver's licence.

The Chairman introduced the Panel and explained procedure to those present.

The Enforcement Officer gave a summary of the report.

On 12 June 2018, the driver applied to this authority for the grant of a private hire/hackney carriage driver’s licence.  A standard driver check was carried out which identified two speeding offences from 2016 which had not been declared on the driver’s application form. The driver attended a meeting with the Enforcement Officer on 10 August 2018 and said he had forgotten the two motoring offences from 2016 as they had not been written down.

The driver was invited to address the Panel.

The driver said he had simply forgotten the two offences from 2016 as they had not been written down on his paper licence. Previously he had been an operator and knew the importance of declaring such information when applying for a licence.

In response to a question from Councillor Barker, the driver said he was acutely aware that the Council would carry out a driver check, and he knew what would happen if an offence was not declared, due to his experience as an operator. He said it was a simple mistake and he really had just forgotten to list the two offences.

The Panel retired at 11.40am to make a decision.

The meeting was reconvened at 12.25pm.

The Chairman read the decision to those present.

Decision

The driver’s application dated 12th June 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has an offer of employment from 24 x 7 Ltd carrying out school contract work.

The Council’s standard application form asks a number of questions about an applicant’s antecedent history. A copy of the form completed by the driver is before us and he has been provided with a copy prior to the hearing today.           

One of the questions is “Has your licence ever been endorsed for a fixed penalty offence within the last four years?”

The driver answered no to this.

Another is, “Have you ever been convicted of ANY offence (including motoring offences) including spent and unspent convictions in any Court or received a police caution?”   

The reply to this was that in February 1973 the driver was convicted of indecent exposure at common law for which he received an admonishment and in December 2003 he was convicted of knowingly making a false entry in a book/registration document for which he was fined £100.  The driver also advised that he had two endorsements on his licence for motoring offences, one was an SP30 offence in June 2009 for which he received 3 penalty points on his licence and the second was an SP30 offence in June 2014 for which he received 3 penalty points on his licence. These points are no longer live.

However, as part of the due diligence process a standard driver check was carried out by the Council on 24 July 2018 and this identified two undisclosed motoring offences for which the driver had received penalty points  ...  view the full minutes text for item 4.

To determine an application for a private hire/hackney carriage driver's licence.

The driver in relation to this item had not received the Enforcement Officer’s report or correspondence. The Panel therefore agreed to defer this case.

The meeting ended at 1.00pm.