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PostPosted: Tue Oct 06, 2009 11:32 pm 
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Brummie Cabbie wrote:
captain cab wrote:
You got beat then :wink:

CC

I had no doubt that the licence would be approved.


So thats it?

CC

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PostPosted: Tue Oct 06, 2009 11:41 pm 
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captain cab wrote:
Brummie Cabbie wrote:
captain cab wrote:
You got beat then :wink:

CC

I had no doubt that the licence would be approved.

So thats it?

CC

Now the fun begins.

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PostPosted: Tue Oct 06, 2009 11:42 pm 
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Brummie Cabbie wrote:
captain cab wrote:
Brummie Cabbie wrote:
captain cab wrote:
You got beat then :wink:

CC

I had no doubt that the licence would be approved.

So thats it?

CC

Now the fun begins.


I know you're tired.....but placid?

naa what you got planned?

CC

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PostPosted: Wed Oct 07, 2009 12:00 am 
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captain cab wrote:
Brummie Cabbie wrote:
captain cab wrote:
Brummie Cabbie wrote:
captain cab wrote:
You got beat then :wink:

CC

I had no doubt that the licence would be approved.

So thats it?

CC

Now the fun begins.

I know you're tired.....but placid?

naa what you got planned?

CC

There's a trade meeting next week to discuss this ..... talks about applying for a judicial review ..... dis-jointed trade ..... but my honest opinion is that they are all p*ssing in the wind.

We really do expect an avalanche of similar applications, but I get the feeling on the O2 Academy one that the operator will be doing a double shuffle. It was stated at the meeting that he already had an operator licence in the name of Club Cars issued on 19th september 2009 & registered at the O2 Academy address, yet this special licensing committee meeting was called to re-visit the original application for Five Star Cars? All the councillors could not understand why they were there at this specially convened meeting. There's an angle here somewhere that I'm not getting / understanding. I think I know what it might be, but only time will tell.

Apparently the city solicitor had advised that the council would loose if the applicant took the original decision to Magistrates on appeal. The applicant had intimated that was his intention, but refrained from appealing on condition that the matter was re-discussed by the licensing committee, who were only too happy to do so, in light of the city solicitor's advice.

Bigger problems in Solihull, a neighbouring authority .....

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PostPosted: Wed Oct 07, 2009 12:04 am 
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You're LA are fools and IMO they have been badly advised and badly lobbied.

CC

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PostPosted: Wed Oct 07, 2009 12:12 am 
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captain cab wrote:
You're LA are fools and IMO they have been badly advised and badly lobbied.

CC

Will post a lot more on this tomorrow / whenever after I'm well rested.

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Brummie Cabbie.

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PostPosted: Wed Oct 07, 2009 7:49 am 
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Brummie Cabbie wrote:
The agenda is blank.

Reminds me of Mr Doom. :wink:

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PostPosted: Wed Oct 07, 2009 10:13 am 
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Sussex wrote:
Brummie Cabbie wrote:
The agenda is blank.

Reminds me of Mr Doom. :wink:

Believe me, if there had been or will be in the future, any SOLID grounds for objecting to the operator licence then we would have & will do.

The real bottom line is that the HC trade were 'clutching at straws' in objecting to & try to prevent this licence being approved.

The committee were advised by the city solicitor that the only licensing grounds for objecting to the operator licence being issued, was if they believed that the applicant was NOT 'fit & proper'. And that was a total non-starter because he already held an operator licence for Five Star Cars.

Also, although the planning department had been consulted, there were no planning grounds for this application to be refused.

From what I heard yesterday, I am really surprised that this situation isn't the norm throughout the country.

Where in the LG(MP) Act 1976 does it say that an operator licence must not be granted if the operating address is a nightclub?

You try you're best on behalf of the HC trade to prevent this type of thing getting approval, but the bottom line is, if it does not contravene legislation, & I believed that it didn't even when I initially saw the first application in the early part of September, then what legal right does a licensing committee have for refusing to issue the operator licence.

I believe they have no legal right. I also believe that if the original decision to refuse to grant the operator licence had stood & not been re-visited, the applicant would have literally 'creamed' the council in the Magistrates Court.

Apart from the HC trade's limited objections to the licence, strangely there were a number of objections from PH companies, which I thought odd.

Ultimately, the law is the law, & IMO the licence was granted perfectly legally. There were no grounds, from a licensing perspective not to grant the licence. That is not to say that there may be grounds in the future for revocation of the licence for transgressions, but I doubt it.

The licensing committee are there to grant licences & that's what they did. Some on TDO may think the licensing committee or LO are idiots or whatever, but if anyone on this Forum can tell me where either the committee or LO transgressed legislation in granting this licence, then I would be very interseted in hearing your views. I have been in this game for approaching 40 years, read relevant legislation over & over & if I couldn't see any legitimate grounds that would stand up to scrutiny, then I don't think there are any.

I may well have had an over 60's moment, but all ten or twelve experienced past & present trade reps that attended the meeting to have had one of those moments? I don't think so.

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Brummie Cabbie.

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PostPosted: Wed Oct 07, 2009 11:01 am 
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This might be coming from the department of the 'bleedin obvious' but;

Has anyone asked the fire brigade about their view, surely people congregating around the entrance waiting for a PHV may block a fire exit and precautions would have to be taken?

I keep going back to it, but planning consent. PH booking offices in general need planning permission, I would have thought that as the premises is to have a slight change of use planning consent would be required.

CC

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PostPosted: Wed Oct 07, 2009 12:53 pm 
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captain cab wrote:
This might be coming from the department of the 'bleedin obvious' but;

Has anyone asked the fire brigade about their view, surely people congregating around the entrance waiting for a PHV may block a fire exit and precautions would have to be taken?

I keep going back to it, but planning consent. PH booking offices in general need planning permission, I would have thought that as the premises is to have a slight change of use planning consent would be required.

CC

Just spoke to Ms PB at DfT ..... she advised that a PH operator licence at a nightclub's address is not against the legislation & she could see what the council were trying to achieve.

After the nightclub manager made his presentation to the licensing committee meeting yesterday in support of the application, it became obvious to me that there was a fire safety issue. Unfortunately, I was not allowed to speak because I had not made a written objection to the proposals before the deadline, although nobody knew what the deadline was, nor had the agenda sent to them. We only found out about the meeting by word of mouth & I believe the deadline was a spurios issue too.

There were three objector that had written in before the deadline & many more that had written in after the deadline. Only the three objectors that had written in before the deadline were allowed to speak & that's when the farce began. No 1 objector was unwell & did not attend. No 2 objector, RP, with almost 50 years in the trade & a good speaker ..... well his mini hearing aid battery (the size of a quarter of a penny) gave up the ghost just five minutes before the meeting started ..... he had spare batteries in the cab parked a mile away, but none with him. No 3 objector arrived very late, almost at the end of submissions.

So now, the chairman, on the strict advice of the city solicitor, only allows RP to speak & he can hardly hear Jack Schitt. All other points that the eight or so reps behind him want to make have to go through RP & he can barely make out what is being said to him at the same time as trying to listen to what was being said during the meeting. No 3 speaker arrives late wades in at the wrong end of the stick.

Bleeding farce.

The planning department had said prior to the meeting that there were no issues as far as they were concerned.

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Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
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When debating on the TDO Forum.


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PostPosted: Wed Oct 07, 2009 12:55 pm 
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Perhaps send an email to the fire brigade asking for their views?

CC

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PostPosted: Wed Oct 07, 2009 1:05 pm 
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http://www.wmfs.net/


http://www.bucksfire.gov.uk/BucksFire/News/2008/Restaurantandnightclubownersfined.htm

http://www.bpw-firesafety.co.uk/news/news.htm

http://www.birminghammail.net/news/solihull-news/2009/04/30/birmingham-nightclub-faces-heavy-fine-over-solihull-man-s-death-97319-23515487/

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


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 Post subject:
PostPosted: Wed Oct 07, 2009 11:29 pm 
Sussex wrote:
Brummie Cabbie wrote:
The agenda is blank.

Reminds me of Mr Doom. :wink:


I saw that :evil: :lol:


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