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Agenda and minutes

With effect from 1 April 2016 Agenda and Minutes will be available in both Welsh and English. Reports are working documents and produced in English only in accordance with Welsh Language Standard 41 of this Council’s Final Compliance Notice from the Welsh Language Commissioner.

Venue: Council Chamber, Guildhall

Contact: Sarah Royce  Committee Officer

Items
No. Item

93.

Apologies for Absence

Minutes:

Apologies for absence were submitted on behalf of Councillors Mike Davies, David Maddocks and Paul Pemberton.

94.

Declarations of personal interests, if any

Members are reminded of their responsibility, under Paragraph 11 of the Members’ Code of Conduct, to declare the existence and nature of any personal interest in respect of any of the business to be transacted at this meeting

Minutes:

Members were reminded of their responsibility, under Article 11 of the Members’ Code of Conduct, to declare any interests in relation to any of the business to be transacted at this meeting. The following declarations were made:

 

Councillors Beverley Parry-Jones and Robert Walsh

Agenda Item - 8

Personal and Prejudicial – The driver was known

 

The Councillors withdrew from the meeting for this item taking no part in the discussion and voting thereon.

95.

Confirmation of Minutes pdf icon PDF 68 KB

To sign as a correct record the Minutes of the Meeting held on 23 April 2019 (copy to follow)

Minutes:

RESOLVED – That the Minutes of the Meeting held on 23 April 2019 be signed as a correct record.

96.

Application for a Sexual Entertainment Venue pdf icon PDF 77 KB

To consider the report of the Chief Officer Planning and Regulatory

Additional documents:

Minutes:

The Chief Officer Planning & Regulatory submitted a report (COPR/20/19) to consider an application from David Thomas for the grant of a Sexual Entertainment Venue Licence in respect of a premises trading as XS, Abbot Street, Wrexham.

 

Presenting the report the Licensing Team Leader referred to the provisions of the Local Government (Miscellaneous Provisions) Act 1982 as amended, which required premises offering relevant entertainment to obtain an SEV licence in order to operate in the county borough.  Members’ attention was drawn to the details of the application, representations received and the process to be followed in determining the application.

 

The Chair welcomed the applicant, David Thomas and his representative Paul Douglas to the meeting and invited them to address the Committee.  The applicant’s representative spoke in favour of the application referring to:

·         The importance of considering each application on its own merits

·         The limited number of objections received -  none from the Church

·         The history of the premises which had operated for 4 years without any nuisance issues

·         The objections raised by North Wales Police had been agreed

·         Mr Thomas was a member of Wrexham Nightsafe Pubwatch and had a good working relationship with the Police

·         His view that the character of the area would not be affected should the application be granted.  The appearance of the building would not change and there would be no external advertising

·         Request that the Committee grant the licence for 12 months

 

The Chair thanked Mr Thomas and Mr Douglas for attending and invited Members to ask questions.  The following points were raised in discussion of the application:

 

·         Further clarification was sought in respect of the working conditions for the dancers and the code of practice for dancers and it’s enforcement

·         The locality and the character of the area

·         The proximity of the Snowdon Hall Student accommodation

·         Gender equality issues and the potential exploitation of women

·         Concern that the venue could contribute to women’s vulnerability in the town centre.  The area was a throughfare for other businesses.

·         Clarification sought regarding the level of security available on the premises

 

A non-Committee member requested to address the Committee in respect of the application.  The Chair sought clarification as to whether non-Committee members were permitted to address the Committee.  The Legal Officer confirmed that this was permitted at the Chair’s discretion in accordance with the Council’s Constitution.   The non-Committee member then commented on the negative impact on the character of the area, equality issues and referred to other local authorities who had developed a policy regarding SEV licences.  The applicant’s representative requested that these comments be disregarded as they had not been submitted within the timescale for representations.

 

The Committee retired to consider the application and reconvened to announce the decision, as follows:

 

RESOLVED – The Members of the Environmental Licensing Committee, having heard the representations of the parties and considered all the evidence have concluded:

 

i)                 That the area comprising the communities of Caia Park, Offa and        Rhosddu be the relevant authority for the purpose of  ...  view the full minutes text for item 96.

97.

Exclusion of Press and Public

In considering whether to exclude the press and public from the next part of the meeting, Members are asked to consider the following factors when determining the public interest test.

 

Agenda Item 7 – 10:  The Proper Officer has determined in considering this report that Paragraph 12 should apply.  Her view on the public interest test was that to make this information public would disclose personal data relating to an individual in contravention of the principles of the Data Protection Act.  Because of this and since there did not appear to be an overwhelming public interest requiring the disclosure of personal data she felt that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

It is therefore recommended that the press and public be excluded from the Meeting during consideration of the following items as it is likely that, if they were present, there would be disclosure to them of exempt information as defined in Paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 (as amended).

Minutes:

Agenda Items 7 to 10: Members determined in considering these reports that Paragraph 12 should apply. Their view on the public interest test was that to make this information public would disclose personal data relating to an individual in contravention of the principles of the Data Protection Act. Because of this and since there did not appear to be an overwhelming public interest requiring the disclosure of personal data they felt that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

 

RESOLVED - That the press and public be excluded from the Meeting during consideration of the following items of business, as it is likely that, if they were present, there would be disclosure to them of exempt information as defined in Paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 (as amended).

 

98.

Conduct of Private Hire Driver / Conduct of Hackney Carriage Driver

To consider the report of the Chief Officer Planning and Regulatory

Minutes:

The Chief Officer Planning & Regulatory submitted a report (COPR/18/19) to consider the conduct of a Private Hire and Hackney Carriage Driver.  Members were informed that the Driver was not in attendance.

 

RESOLVED – That consideration of report COPR/18/19 be deferred to the next meeting to afford the Driver a further opportunity to attend.

99.

Conduct of Private Hire Driver

To consider the report of the Chief Officer Planning and Regulatory

Minutes:

(Members declarations of interest in relation to this item are set out in Minute 94 above)

 

The Chief Officer Planning & Regulatory submitted a report (COPR/19/19) to consider the conduct of a Private Hire Driver.  Members considered the report and the representations of the Driver.

 

RESOLVED – That the Private Hire Driver’s Licence referred to in report COPR/19/19 be suspended for a period of one week under Section 61 (1) (b) of the Local Government (Miscellaneous Provisions) Act 1976 on account of her recent convictions.

100.

Private Hire Driver Licence Application

To consider the report of the Chief Officer Planning and Regulatory

Minutes:

The Chief Officer Planning & Regulatory submitted a report (COPR/21/19) to consider an application for a Private Hire Driver’s Licence.  Members considered the report and the representations of the Applicant.

 

RESOLVED – That the application for a Private Hire Driver’s Licence as outlined in report COPR/21/19 be granted and the Chief Officer Planning & Regulatory write to the applicant expressing the concern of the Committee with regard to his recent conviction and to issue a warning as to his future conduct.

101.

Conduct of Private Hire Driver

To consider the report of the Chief Officer Planning and Regulatory

Minutes:

The Chief Officer Planning & Regulatory submitted a report (COPR/15/19) to consider the conduct of a Private Hire Driver.  Members were informed that the Driver was not in attendance.

 

RESOVLED – That consideration of report COPR/15/19 be deferred to the next meeting to afford the Driver a further opportunity to attend.

102.

Urgent item of business

Minutes:

Member Training

 

The Trading Standards and Licensing Lead Manager provided information regarding Licensing Committee training, facilitated by James Button, BA, Solicitor, CIoL in respect of decision making, processes and the workings of the Committee.  It was noted that this would be a full day training session and the officer would liaise with Members in respect of their availability.