Agenda and minutes

The Chair confirmed that Councillor Pat Haughton had been appointed as a member of the Sub-Committee to replace Councillor John Walker, who was unable to attend the meeting.

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial interest, you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of interest in any of the agenda items by any of the Sub-Committee members.

To confirm as a correct record the minutes of the meeting of the General Licensing Sub-Committee held on 7 January 2009 (enclosed).

RESOLVED – That the minutes of the meeting of the General Licensing Sub-Committee held on 7 January 2009 be confirmed as a correct record and signed by the Chair.

To receive and consider the attached report of the Director of Corporate Governance, with enclosed copy letter and location plan.

The Sub-Committee received and considered a report of the Corporate Director of Governance on an application for the renewal of the sex establishment licence for the premises trading as ‘M and M Sensations’ at 75 Bolton Street, Chorley originally granted in August 2002.

The report confirmed that, subsequent to the statutory advertising of the renewal application, no objections had been raised by the Police, Fire and Rescue Services or the Council’s Neighbourhoods Directorate.  However, one letter of objection has been received, together with a petition containing 182 signatures requesting the relocation of the sex establishment.

The current licence holder, accompanied by her Solicitor, attended the meeting to support the renewal application.  The legal representative explained that the business had been operated in a proper manner in compliance with the terms of the licence and that no objections had been raised by the responsible authorities.

The person who had written the letter of objection also attended the meeting to speak on behalf of the petitioners claiming that the business operated in an inappropriate location close to a school crossing and other premises visited by young people.  The complainant also referred to changes in the appearance of the shop window and the erection of a projecting sign, which she claimed caused offence to some parents.  The complainant also requested the Council to include more specific criteria in the factors to be considered in the determination of applications for sex establishment licences.  It was, however, clarified that any revision of the criteria or conditions of licence would fall within the remit of the Licensing and Public Safety Committee and not this Sub-Committee.

The Sub-Committee considered all aspects of the application, including the applicant’s representations and past operation of the business, the concerns of the complainant and petitioners, and Chorley Council’s guidelines on sex establishments.

After taking account of all relevant factors and considerations, the Sub-Committee concluded that, as the business had been operated under the conditions of its current licence and had not breached any of the Council’s criteria, there were no reasonable grounds on which to refuse the application.

RESOLVED  -  That approval be given to the renewal of the sex establishment licence for the premises trading as ‘M and M Sensations’, 75 Bolton Street, Chorley, under the provision of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982.

To consider the exclusion of the press and public for the following item of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

RESOLVED  -  That the press and public be excluded from the meeting for the following item of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

To receive and consider the enclosed report of the Director of Corporate Governance.

The procedure for licensing hearings is also attached, together with the conditions imposed on private hire drivers’ licences.

The Director of Corporate Governance presented a report drawing attention to a conviction against the holder of a licence to drive private hire vehicles, Mr T J F, under Section 91(1) of the Criminal Justice Act 1967 and Section 5 (2) of the Misuse of Drugs Act 1971.

The driver had failed both to notify the Council of the conviction within 7 days of the conviction and to disclose the conviction on either of his licence renewal application forms in December 2007 and November 2008.  A number of other past convictions and one caution had each been taken into account before the Authority had first issued the driver’s licence in December 2005.

Mr T J F attended the meeting to put forward representations urging the Members not to revoke his licence.  The driver also submitted a letter explaining the circumstances surrounding his last conviction, together a letter of support from his employers and two character reference letters.

The Sub-Committee assessed all elements and aspects of the case, including Mr T J F’s written and verbal representations; the driver’s long record of serious, relevant convictions and failure to disclose the convictions (particularly the last conviction in December 2006) within 7 days of the conviction; failure to comply with condition 13 of the Conditions of Licence; the public safety considerations; and the optional course of action available.

The Sub-Committee, after taking account of all relevant factors, concluded that Mr T J F was not a fit and proper person to hold a private hire vehicle driver’s licence.

RESOLVED  -   That, in the interest of public safety, the licence to drive private hire vehicles granted to Mr T J F be revoked.