Agenda and minutes

Licensing Sub Committee - Tuesday 4th April 2017 10.00 am

Venue: Council Chamber - Civic Offices. View directions

Contact: Jackie Leither (Direct Line 01992 564756)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

62.

Declarations of Interest

(Director of Governance) To declare interests in any item on this agenda.

Minutes:

There were no declarations of interest pursuant to the Council’s Member Code of Conduct.

63.

Procedure for the Conduct of Business pdf icon PDF 73 KB

See attached.

 

Minutes:

The Sub-Committee noted the agreed procedure for the conduct of business.

64.

Exclusion of Public and Press

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

 

 

 

Agenda Item No

Subject

Exempt Information Paragraph Number

 

 

5

 

 

 

 

 

6

 

 

 

 

 

7

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 -Application for a Hackney Carriage Driver's Licence – Mr C Smith

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 -Application for a Hackney Carriage Driver's Licence – Mr H Elnegouli

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 -Application for a Hackney Carriage Driver's Licence – Mr A Subhan

 

 

1

 

 

 

 

 

1

 

 

 

 

 

 

1

 

 

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

 

Background Papers:  Article 17 - Access to Information, Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

 

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

 

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

 

The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

Minutes:

Resolved:

 

(1)        That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as they would involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption was considered to outweigh the potential public interest in disclosing the information:

 

Agenda Item

Subject

Paragraph Number

 

5

 

 

 

 

 

6

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 -Application for a Hackney Carriage Driver's Licence – Mr C Smith

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 -Application for a Hackney Carriage Driver's Licence – Mr H Elnegouli

 

1

 

 

 

 

 

1

 

65.

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 - Application for a Hackney Carriage Driver's Licence - Mr C Smith

(Director of Neighbourhoods) To consider the attached restricted report.

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr C Smith. The three Councillors that presided over this item were Councillor P Keska (Chairman), Councillor B Rolfe and Councillor M Sartin. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Manager informed the Sub-Committee of the circumstances under which the Licence could not be issued under delegated authority.

 

The Applicant made a short statement in support of his application before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Sub-Committee considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

Resolved:

 

(1)        That the application for a Hackney Carriage Driver’s Licence by Mr C Smith be granted for a period of three years, subject to the applicant passing the Council’s knowledge test.

66.

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 - Application for a Hackney Carriage Driver's Licence - Mr H Elnegouli

(Director of Neighbourhoods) To consider the attached restricted report.

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr H Elnegouli. The three Councillors that presided over this item were Councillor P Keska (Chairman), Councillor D Dorrell and Councillor M Sartin. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Manager informed the Sub-Committee of the circumstances under which the Licence could not be issued under delegated authority.

 

The Applicant made a short statement in support of his application before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Sub-Committee considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

Resolved:

 

(1)        That the application for a Hackney Carriage Driver’s Licence by Mr H Elnegouli be granted for a period up to 16 December 2019, by reason of the applicant’s driving licence only being valid until such date and subject to the applicant passing the Council’s knowledge test.

67.

Inclusion of Public and Press

To invite the public and press back into the meeting for the remaining items of business.

Minutes:

To invite the public and press back into the meeting for the next item.

68.

Street Trading Consent - Mills on Wheels, Wickes Car Park, Langston Road, Loughton, Essex IG10 3TQ pdf icon PDF 119 KB

(Director of Neighbourhoods) To consider the attached report.

Additional documents:

Minutes:

The three Councillors that presided over this item were Councillors P Keska (Chairman), D Dorrell and B Rolfe. The Chairman welcomed the participant and requested that she introduce herself to the Sub-Committee. In attendance on behalf of the application was Leanne Baker, the applicant. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

 

The Application before the Sub-Committee

 

The Licensing Compliance Officer informed the Sub-Committee that an application for a Street Trading Consent had been received from Ms Leanne Baker for a burger van at Wickes Car Park, Langston Road, Loughton IG10 3TQ. The application requested permission to sell hot and cold food and drink from 7.00am to 4.00pm on Monday to Friday and 7.00am to 2.00pm on Saturday. Following a public consultation exercise on the application no objections were received.

 

Presentation of the Applicant’s Case

 

The Applicant, Ms Baker, made a short presentation in support of her application. The Applicant stated that she had contacted to Wickes to ask about trading from their car park in Langston Road. Wickes had put her in touch with an agency, Access Point who had checked that all the relevant certificates for trading were in place. The Applicant highlighted to the Committee that no objections had been received regarding her application.

 

Questions for the Applicant from the Sub-Committee

 

In response to questions from the Sub-Committee, Ms Baker stated that she had been trading in Wickes Car Park since December 2016 and that she had the use of two car parking bays.

 

Applicants Closing Statement

 

The Applicant made a short statement in support of her application and requested that the Committee grants her application for a Street Trading Consent in Wickes Car Park.

 

Consideration of the Application by the Sub-Committee

 

The Chairman requested that the Applicant leave the Chamber whilst the Sub-Committee considered the application in private. The Sub-Committee received no further advice from the Officers present, and noted that there had been no objections received in relation to the application.

 

The Chairman invited the Applicant back into the Chamber and informed her of the Sub-Committee’s decision.

 

Resolved:

 

(1)        That the application for a Street Trading Consent by Ms Leanne Baker for a Mobile Burger Van in Wickes Car Park, Langston Road, Loughton IG10 3TQ be granted, subject to the Council’s standard conditions for a Street Trading Consent and the following hours of operation:

 

            (a)        Monday to Friday        7.00am to 4.00pm; and

 

            (b)        Saturday                     7.00am to 2.00pm.

69.

Exclusion of Public and Press

Minutes:

Resolved:

 

(1)        That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as they would involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption was considered to outweigh the potential public interest in disclosing the information:

 

Agenda Item

Subject

Paragraph Number

 

7

 

 

 

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 -Application for a Hackney Carriage Driver's Licence – Mr A Subhan

 

1

 

70.

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 - Application for a Hackney Carriage Driver's Licence - Mr A Subhan

(Director of Neighbourhoods) To consider the attached restricted report.

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr A Subhan. The three Councillors that presided over this item were Councillor P Keska (Chairman), Councillor D Dorrell and Councillor B Rolfe. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Manager informed the Sub-Committee of the circumstances under which the Licence could not be issued under delegated authority.

 

The Applicant made a short statement in support of his application before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Sub-Committee considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

Resolved:

 

(1)        That the application for a Hackney Carriage Driver’s Licence by Mr A Subhan be granted for a period of three years, subject to the applicant passing the Council’s knowledge test; and

 

(2)        That the Applicant be given a strong warning regarding his future conduct in relation to  speeding, and to remind him that any future driving offences must be reported to this authority immediately.