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BOROUGH OF BARROW-IN-FURNESS

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					                  BOROUGH OF BARROW-IN-FURNESS

                           LICENSING COMMITTEE
                                               Meeting: 3rd November, 2005
                                               at 2.00 p.m.

PRESENT:- Councillors Garside (Chairman), Flanagan                  (Vice-Chairman),
Crosthwaite, Irwin, James, Maltman, Opie and D. Roberts.

59 – The Local Government Act, 1972 as amended by the Local Government
     (Access to Information) Act, 1985

Discussion arising hereon it was

RESOLVED:- That under Section 100A(4) of the Local Government Act, 1972 the
public be excluded from the meeting for the following items of business on the
grounds they involve the likely disclosure of exempt information as defined in
Paragraph 7 (Minute Nos. 71 and 72) of Part One of Schedule 12A of the said Act.

60 – Apologies for Absence

Apologies for absence were received from Councillors Barlow, Callister and Jackson.
The Police representative had also submitted apologies for this meeting.

61 – Attendance of Substitute Members

Councillor Burton had replaced Councillor Major for this meeting only.

62 – Minutes

The Minutes of the meeting held on 15th September, 2005 were taken as read and
confirmed.

63 – Minutes of the Licensing Sub-Committee

The Minutes of the Licensing Sub-Committee meetings held on 12th September
(a.m.) and (p.m.), 19th September, 27th September and 29th September (a.m.) and
(p.m.), 2005 were submitted for Members‟ information and noted.

Public Entertainment Licences

64 – Application for Renewal of Public Entertainment Licence: Kavannas,
     Cornwallis Street, Barrow-in-Furness

The Chief Environmental Health Officer reported that he had received an application
for renewal of the Public Entertainment Licence for Kavannas, Cornwallis Street,
Barrow-in-Furness from Miss J. Braund-Smith. He had received no objections from
Environmental Protection, Building Control or Health and Safety colleagues, nor had
members of the public made any representations following advertising of the
application. He reported that no responses had yet been received from the Fire
Authority. In line with agreed consultation practice the Police Authority had prepared
a comprehensive partnership report on the premises which made a number of
recommendations. He requested that Members support the partnership principles
and agree to the licence conditions being varied to incorporate the recommendations
of the Police Authority.

RESOLVED:- (i) That the Chief Environmental Health Officer be given delegated
authority to renew the licence, subject to no adverse comments being received from
the Fire Authority; and

(ii) That the licence be varied to include conditions based on the recommendations
made by the Police Authority, namely:-

       „Binge‟ Drinking – Cumbria Constabulary does not promote or encourage
       „Binge‟ drinking nor unsuitable promotions which may encourage people to
„Binge‟ drink. Barrow Police are actively working with Licensees in order to reduce
Crime and Disorder in and around licensed premises and will act positively against
any premises which does not adhere to their Licensing conditions and irresponsible
drink promotions.

65 – Application for Renewal of Public Entertainment Licence – Paulo Giannis,
     Cavendish Street, Barrow-in-Furness

The Chief Environmental Health Officer reported that he had received an application
for renewal of the Public Entertainment Licence for Paulo Giannis, Cavendish Street,
Barrow-in-Furness from John Wormall. He had received no objections concerning
the application; however, in line with agreed consultation practice the Police Authority
had prepared a comprehensive partnership report on the premises which made a
number of recommendations. He requested that Members support the partnership
principles and agree to the licence conditions being varied to incorporate the
recommendations of the Police Authority.

RESOLVED:- (i) That the Public Entertainment Licence be renewed; and

(ii) That the Licence be varied to include conditions based on the recommendations
made by the Police Authority, namely:-

(a)   That all staff maintain the standards of dress adopted at present and that
      they are clearly identifiable, as are the management and Door
      Supervisors who will have to be SIA Licensed by November 2004;

(b)   That management has a close liaison with the Police in order to identify any
      Hot Spots if they come to light; and


(c)   „Binge‟ Drinking – Cumbria Constabulary does not promote or encourage
      „Binge‟ drinking nor unsuitable promotions which may encourage people to
       „Binge‟ drink i.e. £10 entrance fee for unlimited drink. Barrow Police       are
       actively working with Licensees in order to reduce Crime and           Disorder
       in and around licensed premises and will act positively against        any
       premises which does not adhere to their Licensing conditions and
       irresponsible drink promotions.

66 – Application for Renewal of Public Entertainment Licence – The Hotel
     Imperial, Cornwallis Street, Barrow-in-Furness

The Chief Environmental Health Officer reported that he had received an application
for renewal of the Public Entertainment Licence for The Hotel Imperial, Cornwallis
Street, Barrow-in-Furness from Zelina Jones the licensee on behalf of Gem
Entertainments (In Administration). He had received no objections from Building
Control, Health and Safety or Environmental Protection colleagues nor had he
received any representations from members of the public as a result of advertising
the application. He had however received observations from the Fire Authority which
were attached to the report.

In line with agreed consultation practice the Police Authority had prepared a
comprehensive partnership report on the premises which made a number of
recommendations. He asked Members to support the partnership principles and
agree to incorporate the recommendations of the Police Authority.

RESOLVED:- (i) That the Public Entertainment Licence be renewed;

(ii) That the license be varied to include conditions based on the recommendations
made by the Police Authority, namely:-

       „Binge‟ Drinking – Cumbria Constabulary does not promote or encourage
       „Binge‟ drinking nor unsuitable promotions which may encourage people to
       „Binge‟ drink. Barrow Police are actively working with Licensees in order   to
       reduce Crime and Disorder in and around licensed premises and        will  act
       positively against any premises which does not adhere to      their  Licensing
       conditions and irresponsible drink promotions.

(iii) That the Chief Environmental Health Officer be given delegated authority to
revoke the licence should works required by the Fire Authority not be carried out
satisfactorily within two weeks of the date of this meeting, namely:-

(a)   The cobbled surface within the rear yard of the premises leading into Sydney
      Street was in a hazardous condition for a dedicated means of escape route.

(b)   The nosings on the treads of the external staircase leading into the rear
      yard should be highlighted to indicate their presence.


(c)   The emergency lighting unit located adjacent to the final exit from the rear
      yard into Sydney Street should be cleaned or replaced to ensure an adequate
level of luminance in this area; and
(d)   All areas of fixed seating showing exposed foam should be repaired or
      replaced.

67 – Public Entertainment Licence Fees

At the last meeting of this Committee on 15th September, 2005 the Chief
Environmental Health Officer submitted a report seeking authority to refund to licence
holders part of the fee derived from the processing of applications for Public
Entertainment Licences, when the relevant legislation will cease to have effect from
24th November, 2005.

Consideration of this matter was deferred pending the provision of a more accurate
estimate of cost to the Borough Council should a refund be approved.

The Chief Environmental Health Officer today reported that he had calculated that
the refund, as detailed in his previous report, represented an unforeseen cost to the
Borough Council in excess of £8,100.

He further reported that, from currently available information, licensing cost centres at
budget outturn, would not show a surplus from which this sum could be vired.

RESOLVED:- That no action be taken in this matter.

Street Trading Licence

68 – Private Shop – Temporary Variation to Hours

The Chief Environmental Health Officer reported that he had received a request from
Mr Daiker of Daiker Enterprises to be temporarily allowed to open The Private Shop
on 6 Dalkeith Street, Barrow-in-Furness every night until 20.00 from 12th through to
23rd December, 2005 and on the two Sundays preceding Christmas, i.e. 11th and 18th
December, 2005 from 10.00 until 16.00. The Private Shop was currently licensed as
a sex shop and allowed to open between 09.00 and 18.00. He informed Members
that similar applications had been approved in previous years and no problems had
arisen.

RESOLVED:- That the request be granted.

69 – Application for Street Collection Permit – Variation to Policy

The Chief Environmental Health Officer reported that he had received an application
for a Street Collection Permit for BBC Children in Need from Jo Deahl of BBC
Cumbria to hold a charitable collection on Thursday 17th November, 2005 between
10.30 and 15.30 in the Town Square area.

In addition to the above Street Collection Permit, a permit had also been granted for
a collection to be held on Saturday 19th November, 2005 in the Town Centre on
behalf of BBC Children in Need. The Chief Environmental Health Officer brought to
Members‟ attention that the current policy stated that: “No organisation will be
granted more than one collection date in each calendar year” however, in this
particular instance the collection by BBC Cumbria was just part of a national
promotion to raise awareness of Children in Need and would promote Barrow on the
radio in a positive manner.

RESOLVED:- That the Committee approve the application for a collection on
Thursday 17th November 2005 subject to the permit issued for a collection on behalf
of BBC Children in Need currently issued for Saturday 19th November,2005 being
withdrawn.

Zoo Licenses

70 – Request to Vary Zoo Licence Fee

The Chief Environmental Health Officer reported that he had received
correspondence from Steve Jones, the Director of Furness Owls, requesting to
reduce the zoo licence application fee in respect of Furness Owls.

The Chief Environmental Health Officer reminded Members that the Zoo Licensing
Act 1981 enabled local authorities to charge a reasonable fee for licence applications
and any such fee may reflect reasonable expenses incurred by local authorities. He
added that the Borough Council‟s fee for zoo licence applications was based on an
understanding that the initial licence would run for four years and any subsequent
renewal run for six years.

Given that in initially licensing a zoo the Borough Council would be involved in a
considerable amount of planning and administration all of which represents a
reasonable expense to the authority. In addition enforcement monitoring and the
provision of advice to the applicant, licence holder and members of the public during
the life of the licence were all legitimate expenses that would be included as
reasonable expenses to be met by the applicant.

Councillor D. Roberts recommended to the Committee that reducing the zoo licence
fee from £1,102 to £750 would be more reasonable. Councillor James seconded this
recommendation.

A vote was taken on this matter but was lost, with three Members of the Committee
voting in favour and six against.

RESOLVED:- That no action be taken in this matter.

Hackney Carriage/Private Hire Vehicle Drivers’ Licence

71 – Application for Hackney Carriage/Private Hire Vehicle Drivers’ Licence:
     Mr D. Jepson

The Chief Environmental Health Officer reported that he had received an application
for a Hackney Carriage/Private Hire Vehicle Drivers‟ Licence from Mr David Jepson
of 15 Telford Street, Barrow-in-Furness and he submitted information which had
been drawn to his attention concerning the applicant.
The Chief Environmental Health Officer had recommended that Mr Jepson‟s
application be refused in accordance with the Council‟s policy.

Mr Jepson had been invited to today‟s meeting to discuss the matter with Members
but failed to do so.

RESOLVED:- That the Chief Environmental Health Officer‟s recommendation be
noted but consideration of Mr Telford‟s application be deferred to the next meeting
and he be requested to attend that meeting and advised that should he fail to do so
then a decision will be made by the Committee in his absence.

72 – Application for Hackney Carriage/Private Hire Vehicle Drivers’ Licence:
     Mr D. King

The Chief Environmental Health Officer reported that he had received an application
for a Hackney Carriage/Private Hire Vehicle Drivers‟ Licence from Mr Darren King of
70 Abbots Vale, Barrow-in-Furness and he submitted information which had been
drawn to his attention concerning the applicant.

The Chief Environmental Health Officer had recommended that Mr King‟s application
be approved subject to him receiving a severe written warning.

Mr King attended the meeting and addressed the Committee.

RESOLVED:- That the Chief Environmental Health Officer‟s recommendation be
agreed and Mr King‟s application be approved subject to him receiving a severe
written warning as to his future driving conduct.

The meeting closed at 2.55 p.m.

				
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