Agenda and minutes

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

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

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

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):

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.

RESOLVED:

(1)         That, in accordance with 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 would involve the likely disclosure of exempt information as defined in the following paragraph of Part 1 of Schedule 12A of the Act (as amended) or were confidential under Section 100(A)(2):

To consider the attached report.

The Sub-Committee considered a review of the current Hackney Carriage Driver’s Licence in respect of Mr N Akar. The three Councillors that presided over this item were Councillor M Sartin (Chairman), Councillor J Jennings and Councillor S Heather. Members noted that Officers did not have delegated powers to determine the revocation of this licence 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 Compliance Officer informed the Sub-Committee of the circumstances under which the applicant was brought to this Sub-Committee.

The Applicant made a short statement in support of his case 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:

That the Sub-Committee agreed that the Hackney Carriage Driver’s Licence for Mr N Akar be revoked as they considered the applicant was not a fit and proper person to hold such a licence due to:

·        Being brought before this Sub-Committee on three previous occasions;

·        Not complying with licensing conditions; and

·        Not informing the Council of further driving offences that he had received.

The Chairman invites the public and press back into the meeting for the remaining items of business.

            RESOLVED:

That the public and press be invited back into the meeting for the remaining items of business.

To consider the attached report (Background Papers to follow).

The three Councillors that presided over this item were Councillor M Sartin (Chairman), Councillor R Morgan and Councillor S Heather.

The Chairman introduced the members and officers present and outlined the procedure that would be followed for the determination of the application. The Chairman welcomed the Applicants, Mr Alan Thomas, Solicitor, Mr Lee Newton, CEO, Media 10, Ms Jane Musgrove, Media 10 and Nigel Sutcliffe the Designated Premises Supervisor (DPS). Also in attendance was an objector from Loughton Town Council, Councillor Carol Davies, and the Essex Police Licensing Officer, Mr Peter Jones.

a)         The Application before the Sub-Committee

The Licensing Compliance Officer introduced the application to the Sub-Committee. An application had been received on the 12 May 2018 from Crown House Investments Limited, the Premises Licence Holder for a variation to the premises licence at 153 High Road, Loughton IG10 4LF.

The application was for a variation to the current licence to:

·        extend the hours for the sale of alcohol from 23:00 to 00:00 Monday to Saturday (Sunday would remain the same) and to extend the opening hours from Monday to Saturday 23:30 to 00:30 (Sunday would remain the same);

·        include the external seating area in the licensed area;

·        add late night refreshment Monday to Saturday from 23:00 to 00:00;

·        add conditions relating to waiter service and the external area and remove conditions relating to door supervision and those considered unnecessary for a restaurant-type operation, as further detailed in the amended licence attached to the agenda (Premises A); and

·        amend the layout of the premises as shown on the plan attached to the agenda.

The responsible authorities had received a copy of the application and noted that it had been properly advertised at the premises and in a local newspaper. All residences and businesses within a 150 meter radius of the premises had been individually consulted. The Council had received fourteen representations from local residents and one from Loughton Town Council, which related to:

·        the prevention of public nuisance;

·        the protection of children from harm;

·        crime and disorder; and

·        public safety.

The Essex Police Licensing Officer had no objections as additional conditions had been agreed by the applicant and the Environment and the Council’s Environment and Neighbourhoods Manager also had no objections as additional conditions submitted by the Council had been agreed by the applicant. These conditions were attached to the agenda.

b)         Presentation of the Applicant’s Case

The Applicant’s Solicitor Mr Thomas advised the Sub-Committee that the Applicant, Crown House Investments Limited was a wholly owned business of the Media 10 Group. Crown House Investments were a local business situated in Loughton and employed over 250 people. The Applicant’s Solicitor stressed that the Applicant had no connection whatsoever with the previous business that was run from the premises.

The Applicant stated that Crown House Investments were in complete agreement with local residents and were in favour of the Nu Bar closing down this then enabled them to buy the building and the business. The new business was a brasserie  ...  view the full minutes text for item 6.