Meeting documents

Ex-officio non-voting members

-      Cllr Pedder (Mayor)

+ Cllr Miss Gibson (Leader of the Conservative Group)

-      Cllr Rowlands (Leader of the Labour Group)    

-     Cllr Whitcroft (Leader of the Liberal Democrat Group)

+ Present

- Apologies for absence presented

RESOLVED, That Councillor Mrs Pearce be elected Chairman of the Sub-Committee for the municipal year 1999/2000.

To confirm and sign the minutes of the meeting held on 15th October 1998.

PART A

(for decision)

Members were advised that the Public Dancing and Music and Sunday Music Licences held by Mr David Smith and Mr Joseph Ernest Turner in respect of Yates’s Wine Lodge 71-73 High Street, Camberley had expired on 31st October 1999.  Application for renewal of the licences had been made on 9th August 1999 but the valid electrical inspection, annual emergency lighting inspection and annual fire alarm inspection certificates had not been received until 27th September 1999.  Certificates which had been submitted at an earlier date had been unacceptable as the dates of the certificates and the inspection dates had not complied with the Council’s licensing conditions.  

The last day for the submission of certificates had been 1st October 1999 and at that time the boiler plant examination report and fire fighting appliance certificate for the premises were still outstanding.

The Company had been sent a further reminder that these certificates were outstanding on 11th October 1999 but following the failure of the Company to supply these certificates the application for the renewal of the licences had been refused by the Chief Executive on 10th November 1999 in accordance with delegated powers.  The Company had then requested that this matter be considered by the Licensing Sub-Committee.

Members were advised that faxed copies of the boiler plant examination report and the fire fighting appliance certificate had been received on 7th and 8th December 1999 respectively.  The annual fire fighting appliances inspection certificate was acceptable subject to receipt of the original copy but the boiler plant examination report indicated that the boiler plant was out of operation and would not become operational until repairs were carried out.  Checks on the boiler plant could not be completed until it was operational.  Details of equipment which had been included on an earlier boiler certificate had also been omitted.  This certificate was therefore considered unacceptable for the purposes of granting Public Entertainment Licences.

The Chief Environmental Health Officer had objected to the granting of the licence on the basis that there was one certificate outstanding and that the conduct of the Company in dealing with the renewal application had been unsatisfactory.  The failure to supply certificates on time and to respond to the many reminders which had been sent to the Company requesting submission of the certificates was a cause for concern and raised doubts about the applicants ability to fulfil their duties and responsibilities as licence holders.  

Mr David Smith, the applicant, and Mr Crispin Aylett representing Yates’s Wine Lodges Ltd were present at the meeting and submitted representations in support of the grant of the licences.  Whilst accepting that the conduct of the Company in dealing with the application for the renewal of the licences had fallen far short of expected standards, largely due to changes in administrative arrangements within the Company, Mr Aylett pointed out that Yates’s Wine Lodges Ltd was a reputable Company which operated Wine Lodges throughout the country.  In addition, recent problems with the boiler had exacerbated the situation and as a result it had not been possible to provide the boiler plant examination report.  Mr Aylett assured the Sub-Committee that these matters would be addressed and that action would be taken within the Company to ensure that any future applications would be dealt with assiduously.  The need to repair the boiler as a matter of urgency was recognised and Mr Aylett suggested that consideration of the application should be deferred to enable the applicants to supply the outstanding report.

After a brief adjournment during which Members retired to consider the application from Yates’s Wine Lodges Ltd for Public Entertainment Licences the Chairman read out the following statement on behalf of the Sub-Committee:

“The Sub-Committee considers that the applicants have approached the whole renewal process at best in an incompetent manner but at worst with contempt for the licensing requirements of the Council.

Yates’s Wine Lodges is a long established Company who should know the licensing system well.

There have been numerous letters from the Council requesting the necessary certificates but for whatever reason the certificates were only submitted in a haphazard manner.

However, it is accepted that the majority of the certificates have now been received.  Whilst the Sub-Committee does not condone the approach taken by the applicants it does believe that the approach suggested by the applicant’s Counsel is a sensible way forward.â€

RESOLVED, That the application for Public Dancing and Music and Sunday Music Licences for Yates’s Wine Lodge, 71-73 High Street, Camberley be deferred and the Chief Executive be authorised to determine the licences subject to the outstanding boiler plant certificate being submitted to the satisfaction of the Chief Environmental Health Officer by 17th December 1999 at the latest.

CHAIRMAN