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):

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr F Ahmed. The three councillors that presided over this item were Councillor R Morgan (Chairman), Councillor J Jennings and Councillor A Lion. 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 his wife and introduced the Members and Officers present. The Licensing Officer informed the Sub-committee of the circumstances under which the licence could not be dealt with under delegated authority.

Members were reminded by the Council’s Legal Officer of the relevant clauses from the EFDC Council’s Hackney Carriage  Driver’s Licence Guidance and the Public Hire Licensing: Guidance on Decision Making which were read out.

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:

That the applicant for a Hackney Carriage Driver’s Licence for Mr Ahmed be refused.

(Director of Neighbourhoods) To consider the attached report.

The Licensing Officer advised the Sub-Committee that Mr Z Hasan had requested that his application be deferred to a future meeting as he was unable to attend.

            RESOLVED:

That the application

for a Hackney Carriage Driver’s Licence for Mr Z Hasan be deferred to a future meeting.

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

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors R Morgan, J Jennings and A Lion.

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 Mr M Borysiewicz for Belgique Epping Ltd and Mr C Keen, the Group Manager for Belgique. A representative from Epping Town Council, Councillor B Scruton was also in attendance.

(a)          Application before the Sub-Committee

The Licensing Officer introduced the application for a new Premises Licence under the Licensing Act 2003. The application had been made by Belgique, 242-244 High Street, Epping CM16 4AP. The application was for the sale of alcohol both on and off the premises, Monday to Sunday 08.00 to 18.00, and the provision of recorded music, Monday to Sunday 08.00 to 18.30.

The responsible authorities had received a copy of the application and it had been 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 1 representation from Epping Town Council and the response received from the Police included agreed conditions with the applicant.

The Legal Officer advised that the licence permission was not required for the recorded music for the suggested times.  

(b)          Presentation of the Applicant’s Case

The applicant, Mr M Borysiewicz advised that the premises licence was being pursued to ensure that the service was consistent across the Essex and London branches of the Belgique Group that he managed. The wish was not to become a major player in the sales of alcohol, but to offer a small range of wines, Belgium beers and prosecco with the range of products on offer. The community had requested these services and it would be inline with the licensing requirements. 

(c)          Questions for the Application from the Sub-Committee

The Sub-Committee enquired about the times for sales of alcohol and whether it was necessary for the license to start at 8 a.m. The applicant advised that the requested times were to comply with the opening hours of the premise and to be consistent within the group. Alcohol was normally served with food and some customers liked to celebrate breakfast with a glass of prosecco. The premises would not stock spirits and the alcohol was expensive in comparison to off licences. The sales of alcohol across the other stores only accounted for 2% of total sales.

The Sub-Committee asked the Legal Officer whether the premises would be able to extend their range of alcohol if they chose. The Legal Officer advised that alcohol was alcohol regardless of what it was and the premises, could if they chose to, sell other types of alcohol. 

The Sub-Committee asked what steps were being taken to prevent under age drinking. The applicant advised that Challenge 25 would be used and staff would be trained.

The Sub-Committee asked whether the sale of alcohol would make difference to sales. The Applicant advised that  ...  view the full minutes text for item 84.

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors R Morgan, J Jennings and A Lion.

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 Mr M Borysiewicz for Belgique Theydon Bois Ltd and Mr C Keen, the Group Manager. Representatives from Theydon Bois Parish Council, Councillor P Gooch and Councillor Elizabeth Burn were also in attendance.

(a)          Application before the Sub-Committee

The Licensing Officer introduced the application for a new Premises Licence under the Licensing Act 2003. The application had been made by Belgique, 14 Forest Drive, Theydon Bois, CM16 7EY. The application was for the sale of alcohol both on and off the premises, Monday to Sunday 08.00 to 18.00, and the provision of recorded music, Monday to Sunday 08.00 to 18.30.

The responsible authorities had received a copy of the application and it had been 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 1 representation from Epping Town Council, 3 representations from local residents.  The Police, Essex Fire Service, EFDC Planning Department and the Public Health Department had no objections, although the Police had agreed additional conditions with the applicant.

The Legal Officer advised that the licence permission was not required for the recorded music for the suggested times.  

(b)          Presentation of the Applicant’s Case

The applicant, Mr M Borysiewicz advised that the premises licence was being pursued to ensure that the service was consistent across the Essex and London branches of the Belgique Group that he managed. The wish was not to become a major player in the sales of alcohol, but to offer a small range of wines, Belgium beers and prosecco with the range of products on offer. The community had requested these services and it would be inline with the licensing requirements.

(c)          Questions for the Application from the Sub-Committee

The Sub-Committee enquired whether the area marked out on the front of the application was in the ownership of the premises. The Applicant advised that they believed this area was in their ownership and should be included within the application. Following comments from the Objector, the applicant removed the outside area from the application.

The Sub-Committee enquired about the type of recorded music that would be played. The Group Manager advised that it would be background music that was usually classical or jazz.

(d)          Questions for the Applicant from Objector

The Objector advised that the outside sitting area was not included within the lease of the premises and that there was an ongoing investigation into the use of this area. He asked whether music would be amplified. The Applicant advised that it would not be and would be background music for dinning purposes, to create an atmosphere.

(e)          Presentation of the Objectors

The Objector advised that the Parish Council advised that the premises was in  ...  view the full minutes text for item 85.