Agenda and minutes

Licensing Committee - Tuesday 13 October 2009 10.00 am

Venue: Council House, Plymouth (next to the Civic Centre)

Contact: Helen Rickman, Democratic Support Officer  E-mail:  helen.rickman@plymouth.gov.uk

Items
No. Item

13.

APPOINTMENT OF VICE CHAIR

Minutes:

Resolved that Councillor Reynolds be appointed as Vice Chair for this meeting in the absence of Councillor Lock.

14.

DECLARATIONS OF INTEREST

Members will be asked to make any declarations of interest in respect of items on this Agenda.

Minutes:

There were no declarations of interest in accordance with the code of conduct.

15.

MINUTES pdf icon PDF 11 KB

To confirm the minutes of the meetings held on the following dates:

 

Licensing Committee Miscellaneous -

 
  • 4 August 2009

 

Licensing Sub Committee (Miscellaneous) -

 
  • 4 August 2009
  • 18 August 2009
  • 8 September 2009
  • 15 September 2009

 

Additional documents:

Minutes:

It was resolved that the following minutes be approved as a correct record:

 

4 August 2009

Licensing Committee Miscellaneous

4 August 2009

Licensing Sub Committee

18 August 2009

Licensing Sub Committee

8 September 2009

Licensing Sub Committee

15 September 2009

Licensing Sub Committee

 

The Senior Lawyer provided the Committee with an update on minutes 15 and 16 of 18 August 2009 Licensing Sub Committee (Miscellaneous) for those Members who were not in attendance at that hearing. The Committee were informed that the review of the Dance Academy and the Cooperage was brought by the Police as the owner of both premises was arrested and charged for serious offences linked to drug dealing. It was highlighted that both reviews were adjourned as assets for both premises had to be preserved until hearings had taken place as Police would review the proceeds of crime. Members were informed that with regards to public safety, it was considered that both premises were safe as the Dance Academy and the Cooperage were closed.

16.

CHAIR'S URGENT BUSINESS

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

There were no items of Chair’s urgent business.

17.

APPLICATION FOR CONSENT - PRIVATE SHOP, 31 ATHENAEUM STREET, PLYMOUTH pdf icon PDF 1 MB

The Director for Community Services will submit a report on an application for consent.

Minutes:

The Committee having heard from –

 

(i)

the Director for Darker Enterprises;

 

(ii)

the premises operator that –

 

 
  •  

the application requests consent to change the opening day from 26 to 28 December 2009 due to the Bank Holiday;

 

Members resolved to grant the application for change of opening hours and agree to vary the times of opening on this occasion only so that the Private Shop may be closed on the 26 December 2009 and may be open on the 28 December 2009.

18.

PLYMOUTH ALBION RUGBY FOOTBALL CLUB LTD - REGULATION OF EAST AND WEST STANDS - TO FOLLOW pdf icon PDF 22 KB

The Director for Community Services will submit a report on Plymouth Albion Rugby Football Club Ltd – Regulation of East and West Stands.

Additional documents:

Minutes:

The Committee heard from –

 

(i)

the Head of Development Management;

 

(ii)

a representative of the Plymouth Albion Rugby Football Club Limited;

 

(iii)

a representative for the Head of Legal Services;

 

The Head of Development Management provided the Committee with a report on Plymouth Albion Rugby Football Club Ltd – Regulation of east and west stands on the following points –

 

(iv)

the Safety Advisory Group was established after the Hillsborough disaster and consists of members of the Council, Devon and Somerset Fire, Devon and Cornwall Police and Ambulance Service.

 

(v)

the east and west stands at Plymouth Albion ground was now eligible to be administered through the  Fire Safety and Safety of Places of Sport Act 1987 legislation;

 

(vi)

the Safety Advisory Group had been communicating with Plymouth Albion representatives;

 

(vii)

it was requested that the Licensing Sub Committee (Miscellaneous) have delegated authority to make further decisions in the future upon the regulation of the east and west stands;

 

(viii)

Plymouth Albion representatives have applied for a general safety certificate for these stands;

 

In response to questions raised it was reported that –

 

(ix)

whilst preparation was made to implement legislative regulations to the east and west stands of Plymouth Albion Rugby Football Club Ltd other legislation would ensure the safety of the ground;

 

(x)

the Council would take immediate action if concerns were raised regarding safety;

 

(xi)

the regulatory legislation was not requested to be implemented at an earlier stage as previous guidance for the capacity of stands would not have required.  However following the issue of recent Guidance, this has now been reviewed.  The Guidance now clarifies the calculations required to assess the capacity of the stands and that the stands require to be regulated once over a capacity of 500.

 

(xii)

the north stand was not required to meet to the regulatory legislation as it was a smaller temporary stand however it would still be required to meet safety regulations;

 

(xiii)

risk assessments and safety guidelines would be formalised with Plymouth Albion;

 

(xiv)

Calculations regarding capacity for the stands were still to be finalised;

 

(xv)

the Council would not have more power to regulate the running of the ground as it was the safety regulations of the east and west stands that was to be affected;

 

The representative for the Head of Legal Services provided clarification to the Committee regarding the difference between legislation and guidance; the Committee was informed that legislation was an act of parliament   and that guidance was issued as directed by the act of parliament and used to interpret the powers granted under the act.

 

Members resolved to –

 

(1)

make a preliminary determination that the east and west stands of  the grounds of Plymouth Albion Rugby Football Club Limited should be regulated under Section 28 of the Fire Safety and Safety of Places of Sport Act 1987

 

(2)

authorises the Assistant Director of Development (Planning) to issue all necessary letters of determination with regard to the preliminary determination;

 

(3)  ...  view the full minutes text for item 18.

19.

EXEMPT BUSINESS

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) ? of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

There were no items of exempt business.