| MEETING OF THE LICENSING BOARD | ||||
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| Held 6th June 2006 | ||||
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| PRESENT: | Councillors Janet Bragg (Chair), David Barker and John Robson. | |||
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| 1. | APOLOGIES FOR ABSENCE | |||
| | There were no apologies for absence received from Members of the Board. | |||
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| 2. | EXCLUSION OF THE PUBLIC AND PRESS | |||
| | RESOLVED: That the public and press be excluded from the meeting before discussion takes place on the following item of business to be considered on the grounds that, if the public and press were present during the transaction of such business, there would be a disclosure to them of exempt information as described in paragraphs 1 and 2 of Schedule 12A to the Local Government Act 1972, as amended. | |||
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| 3. | HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING | |||
| | The Assistant Chief Executive, Legal and Governance, submitted details in respect of one case relating to Hackney Carriage and Private Hire Licensing. The applicant attended the meeting and addressed the Board. | |||
| | RESOLVED: That the case now submitted be determined as follows:- | |||
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| | Case No. | Licence Type | Decision | |
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| | 33/06 | Hackney Carriage and Private Hire Driver's Licence | Revoke the license in view of the incident now reported and by reference to the matters detailed in Section 5 of the report and the answers given by the applicant to questions and statements made by the applicant in support of his application. | |
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| | (At this point in the proceedings the meeting was reopened to the press and public). | |||
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| 4. | LICENSING ACT 2003 |
| | Hot and Spicy, 166 Firth Park Road, Sheffield S5 6NQ |
| | The Assistant Chief Executive, Legal and Governance, submitted a report on an application, made under the provisions of Section 17 of the Licensing Act 2003, for a premises license in respect of Hot and Spicy, 166 Firth Park Road, Sheffield S5 6NQ. |
| | The applicant was Esmatullah Habibi and details of the application were attached to the report. |
| | Representations concerning the application had been received from the South Yorkshire Fire and Rescue Service and the Council's Planning Service. |
| | Present at the meeting were Steve Copp (South Yorkshire Fire and Rescue Service), and Marcus Young (Planning Service), John Derricott (Licensing Solicitor) and Kathy Maude (Licensing Officer). The applicant had been invited to attend the hearing but was not present. |
| | Steve Copp (South Yorkshire Fire and Rescue Service) informed the Board that their objection was on the grounds of public safety as an application had not yet been served on the South Yorkshire Fire and Rescue Service. |
| | Marcus Young (Planning Service) informed the Board that no planning application had been received to extend the hours beyond the original planning approval. |
| | John Derricott informed the Board that a letter had been received containing four signatures from individuals confirming that they did not consider that there had been or would be any nuisance or noise problems as a result of the take-away staying open until 1.00 a.m. each night. He indicated that none of the signatories lived adjacent to the premises but in the general area of Firth Park Road/Page Hall Road. |
| | John Derricott stated that Licensing officers had visited the premises and the applicant had been advised of the need to apply for planning permission for the extended opening hours. |
| | RESOLVED: That officers from the South Yorkshire Fire and Rescue Service, Planning Service and officers of the City Council involved in the hearing, be excluded from the meeting before further discussion takes places on the grounds that, in view of the nature of the business to be transacted, if those persons were present there would be a disclosure to them of exempt information as described in paragraph 5 of the Local Government Act 1972, as amended. |
| | The Licensing Solicitor reported orally, giving legal advice on various aspects of the application. |
| | At this point in the proceedings, the meeting was re-opened to the public and press. |
| | RESOLVED: That after careful consideration of the representations now made, authority be given to the Assistant Chief Executive, Legal and Governance to refuse the application for a premises license in respect of Hot and Spicy, 166 Firth Park Road, Sheffield S5 6NQ, on the grounds of the objections now reported by officers from the South Yorkshire Fire and Rescue and the City Council's Planning Service. |
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| | The Angel, 151 Main Street, Grenoside, Sheffield S35 8PN |
| | The Assistant Chief Executive, Legal and Governance submitted a report on an application made under the provisions of Section 34 of the Licensing Act 2003 for the variation of the premises license in respect of the Angel, 151 Main Street, Grenoside, Sheffield S35 8PN. |
| | The Licensing Officer reported that all the outstanding issues in relation to the application had been satisfactorily resolved prior to the meeting. |
| | RESOLVED: That the information now reported that all the outstanding issues in relation to the application for the variation of a premises license in respect of the Angel, 151 Main Street, Grenoside, Sheffield S35 8PN had been satisfactorily resolved in accordance with the provisions of the Licensing Act 2003 prior to this hearing be noted. |