Agenda and minutes

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

1.            Councillor J Jennings declared a personal, non-pecuniary interest in agenda item 4 Summary review of Premises Licence – Luxe Essex, Loughton by virtue of knowing two of the speakers. The Councillor had determined that her interest was non-pecuniary and that she would remain in the meeting for the consideration of the application and voting thereon.

2.            Councillor R Morgan declared a personal, non-pecuniary interest in agenda item 4 Summary review of Premises Licence – Luxe Essex, Loughton by virtue of knowing one of the speakers. The Councillor had determined that his interest was non-pecuniary and that he would remain in the meeting for the consideration of the application and voting thereon.

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

(Director of Neighbourhoods) to consider the attached report and documents.

The three Councillors that presided over this application were Councillors M Sartin (Chairman), J Jennings and R Morgan. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the premises were: Ms S Le-Fevre, solicitor for the premises licence holders, Mr K Iyapah and Mr N Iyapah the designated premises supervisor and directors of the company.

In attendance on behalf of Essex Police were Mr A Ranatunga, Barrister for Essex Police, J Nash, G Ashford and S Sparrow.

On behalf of EFDC Planning Enforcement was S Hart and on behalf of the Licensing Authority were J Nolan, K Tuckey and N Clark.

Objectors to the premises attending were Cllr J Angold-Stephens (Town Council representative), D Linnell on behalf the LRA, I Moody (resident), P Kelly (resident), R Jones (resident) and S Moody (Resident).

Also in attendance were M Fincham and R Baker representing the landlord of the premises and F Irving of the Epping Guardian.

The Chairman then introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the review.

(a)          The Application before the Sub-Committee

The Assistant Director for Neighbourhood Services, Mr Nolan, noted a couple of typo errors in the report and then introduced the basis of the review brought against Luxe Essex, 126 High Road, Loughton IG10 4BE, by Essex Police under Section 53B of the Licensing Act 2003. Within 48 hours of receiving the application from Essex Police at the beginning of May 2017, the Council as the Licensing Authority suspended the Premises Licence until a Review hearing could be scheduled as there was a danger of serious crime and serious disorder. This meeting represented the full review hearing and the Sub-Committee was tasked with determining the future of the Premises Licence.

A late written representation from Councillor Baldwin, who had made an initial objection but could not attend the meeting, had been received and Mr Nolan asked the Police and Luxe Essex representatives if they would allow it to be considered. They agreed, after reading the submission that his written submission could be taken into account.

It was also noted that the Police would like to produce a last minute witness. Mr Ranatunga noted that this was a witness for the Freeholder on behalf of the Police.  The Council’s legal representative said that they could only be considered if they were to assist on the four licensing objectives and could not comment on the freehold contract and only with the agreement of the Luxe representatives. On consideration it was agreed that the witnesses could not be taken into consideration.

It was also noted that a supplementary agenda had been issued containing plans to turn the Luxe Essex premises into a Gastro Pub and also amended conditions and opening hours.

(b)          Presentation of the Applicants case

Mr Ranatunga noted that this was the final day of the initial suspension pending the result of today’s hearing.  The basis of  ...  view the full minutes text for item 3.