Agenda and draft minutes

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Items
No. Item

1.

Application for a Premises Licence - Felsted School pdf icon PDF 82 KB

To consider an application for a premises licence.

Additional documents:

Minutes:

The Licensing Team Leader gave a summary of the report, which set out an application for a new premises licence in respect of Felsted School, Braintree Road. Representations had been received in respect of this application so the matter had been referred to the Committee for determination.

 

R Walker said the main reason for the school’s application was to consolidate three existing licenses, while adding three additional buildings onto the license. This would allow more flexibility than the use of Temporary Event Notices. The new licence would also allow the school to have events attended by over 499 people. Two events were likely to go over this number of attendees. Only two events were likely to run past midnight, and the school made a point of carrying out sound checks regularly throughout the night at different areas of the site.

 

In response to a Member question, R Walker said the school did leaflet drops to inform neighbours of upcoming events.

 

In response to a Member question, R Walker said many of the events were run outside of term time or on a weekend so that there was as much available parking as possible.

 

In response to a Member question, R Walker said the school would be prepared to accept a cap on the number of outdoor events.

 

At 10.55, the Committee retired to make its decision.

 

At 11.40, the Committee returned. The decision was read.

 

 

DECISION NOTICE – FELSTED SCHOOL CAMPUS, BRAINTREE ROAD, FELSTED.

 

The application before the Panel today is for a new premises licence to cover more or less the entirety of the school campus. The application is dated 26th July  2019 and is made by the school governing body. Representations have been made by Felsted Parish Council on the grounds of potential noise nuisance, and they are supported by 3 local residents (Interested Parties). We have also received a   letter supporting the application from Essex Police, who state they were consulted by the applicant and are satisfied all four licensing objectives are satisfied. Accordingly the matter has been referred to us for determination.

 

We have had sight of a detailed report and have considered the extensive background papers, including:-

 

Application form.

Current licences

Letter in support from Essex Police

Bundle of letters and emails from Interested Parties.

Plan of premises

Location map of premises

 

Our attention has also been drawn to the Home Office Revised Guidance issued under section 182 of the Licensing Act 2003 (April 2018 version) and to Uttlesford District Council’s Statement of Licensing Act 2003 Policy 2017-22

 

By way of background facts, Felsted School, Braintree Road, Felsted CM6 3LL is situated in the village of Felsted. The applicant is a large independent school consisting of both  preparatory and senior sections, set on a campus site and  not particularly close to any residential dwellings in the village itself.. The school has multiple buildings and outside spaces and two of the buildings (Lord Richie Hall Appendix 3 and The Cromwell Centre – Appendix 4 of  ...  view the full minutes text for item 1.

2.

Exclusion of the Public and Press

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

Minutes:

RESOLVED to exclude the public and press for the following items on the grounds that they contained exempt information within the meaning of s.1 etc

3.

Determination of a private hire/hackney carriage driver's licence

To determine a private hire/hackney carriage driver’s licence.

Minutes:

The Enforcement Officer gave a summary of the report. The Council had received an email from the General Manager at ACME who gave an update into their internal investigation into the driver. The driver had offered his resignation on 19 June and was placed on gardening leave until 19 July, when his employment was due to terminate. They took his private hire/hackney carriage driver’s badge and later returned it to the Council. This was due to number of allegations about him when he was a licensed driver.

 

The driver said allegations he had made a parent smell his arm were untrue. He had suggested they smell his arm to demonstrate that their child had left traces of a smell of urine on his arm. This was because the child had fallen asleep on his arm while he was driving.

 

In response to a Member question, the driver confirmed ACME had informed him that the parent had made a complaint about him, but he did not contact the parent after he had been told this.

 

In response to a Member question, the driver said he used to arrive between five and ten minutes before he was due to take the children to school, as had been suggested by his employer. He parked down the road and then used to drive up to the house when he was due to collect the children.

 

In response to a Member question, the driver confirmed the only safeguarding training he had completed was an e-learning course with the Sea Cadets.

 

The driver passed around a character reference from the Christian drop-in group he volunteered with, and a long service medal from the Sea Cadets.

 

The driver said he deeply regretted what had happened. He would not put himself in the same situation again.

 

At 1.00, the Committee retired to make its decision.

 

At 1.20, the Committee returned. The decision was read to the driver.

 

 

DECISION NOTICE –

 

The application before the Panel today is for the suspension or revocation of the driver’s  joint private hire/hackney carriage licence number PH/HC2949  under S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The licence is due to expire on 31st July 2021 and the driver was first licenced by this authority on 23 August 2018. He formerly drove for ACME Transport Services but his employment was terminated by them on 19th July 2019 and they returned his badge to the Council. He therefore is not driving at this present moment.

 

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the driver. The bundle incorporates correspondence received from a parent and from Powers Hall School. The story begins with an email received from ACME Transport Services on 28th June who as his employer were investigating a number of allegations made by the parents of children being driven by him to and from school. Briefly, the driver would allegedly talk about  ...  view the full minutes text for item 3.