MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 16 MARCH 2004 COMMENCING AT 10.00 AM

 

Present :

 

Mr C B W Chapman (Chairman), Mr  J  Effemey, Mrs  M  A  Jarman,  Mrs M J Lloyd, Mr R G Mazillius, Mr A J Mundy, Mr R C Richards

 

Apologies :   

                       

                        Mr M C Cunningham, Mr C H Lillywhite

 

Also Present : (Non Voting)

 

                        Mr J A Bowker, Mr A A Taylor

 


     


41.             MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting held on 9 March 2004 be confirmed.

 

42.             DECLARATIONS OF INTEREST

 

There were no declarations of interest made at this stage.

 

43.             REPORTS OF THE HEAD OF CONSUMER PROTECTION

 

(a)               To amend the Additional Licence Conditions for Public Entertainment Premises, Cinemas and Theatres adopted under the Local Government (Miscellaneous Provisions) Act 1982

 

Prior to any discussion on this item the Panel were advised of two minor typographical errors contained within the report.

 

Members were reminded of the new regulations due to come into force, with effect from the 5 June 2004, which would remove the responsibility of the registration of Door Supervisors from Local Authorities.  From 1 March 2004, all existing and any new Security Staff/Door Supervisors would need to register with the Security Industry Authority (SIA) and complete their training programme or they would cease to be able to work legally.  

 

The Council currently attached additional licence condition No 11, which related to Door/Security Staff, to a Public Entertainment Licence at the request of either the Police or Council officers. The report of the Head of Consumer Protection was received which set out the background to the issue and proposals to amend the existing additional licence condition No 11, in the light of the changes in legislation.  

 

The Panel were informed that since the publication of the report further consultation had taken place with Island Club Watch and the management of the largest nightclub in Newport.  Arising from these discussions an additional option was now recommended and this was circulated to members of the Panel.

 

RESOLVED :

 

i.                    THAT the existing door security staff additional Condition No 11 be rescinded with effect from 4 June 2004;

 

ii.                  THAT additional Condition No 11 to read;

 

“The Licensee/Licensees will supply door supervisors, as defined in the Private Security Industry Act 2001, who are registered with the Security Industry Authority.  The number of door supervisors to be on duty, while the premise is open to the public, to be determined by the Licensee/Licensees after having carried out a written health and safety risk assessment to the satisfaction of the Local Authority and having had due regard to crime and disorder.”

 

(b)               To consider an Appeal against the Council’s decision to refuse to increase the seating capacity of purpose built taxis so that a passenger can be accommodated next to the driver

 

The Panel adjourned to view the vehicle concerned.  Upon reconvening Members were referred to the report of the Head of Consumer Protection setting out details of the appeal against the Licensing Officers’ refusal to license a purpose built Hackney Carriage vehicle, a Peugeot Euro taxi, for more than six passengers, thereby restricting the seating capacity so that a passenger could not be accommodated next to the driver. 

 

The Panel noted that the Council had currently a mixed fleet of licensed Hackney Carriage vehicles, which included those of a similar design and appearance to the vehicle known as the London taxi cab, such as the FX and TX type vehicle along with the MetroCab.  These types of vehicles had previously only been licensed for up to a maximum of six passengers, which ensured that the space next to the driver of the vehicle could only be used for luggage and contributed to the driver’s safety.  Each case had been considered on its own merits and this was the first appeal against the Council’s decision to limit passenger numbers.

 

It was suggested that if the Panel were so minded, a new Council policy could be set restricting the licensing of all of these type of vehicles to up to a maximum of six passengers (where legislation permitted), within the passenger compartment of the vehicle.

 

The appellant, Mr J Quilter, of Q Cars, was present and outlined his case.

 

The Panel adjourned to private session.  Upon reconvening in public it was indicated that the Panel had carefully considered all the evidence before them and had viewed the vehicle.  It was considered that in respect of that specific vehicle the decision was proportionate and in keeping with the legitimate aims of the Council.

 

Members did not wish to make an overall policy decision at this time.

 

RESOLVED :

 

THAT the appeal against the Council’s decision in respect of a Peugeot Euro taxi Registration No Y392 7HS, be upheld, so that a passenger can be accommodated next to the driver, thus resulting in a total seating capacity of seven.

 

 

 

 

 

                                                                        CHAIRMAN