Agenda and minutes

1.         This meeting is to be webcast. Participants are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“I would like to remind everyone present that this meeting will be broadcast live to the internet (or filmed) and will be capable of repeated viewing (or another use by such third parties).

If you are seated in the lower public seating area it is likely that the recording cameras will capture your image and this will result in the possibility that your image will become part of the broadcast.

This may infringe your human and data protection rights and if you wish to avoid this you should move to the upper public gallery.”

The Chairman made a short address to remind everyone present that the meeting would be broadcast to the internet and would be capable of repeated viewing, which could infringe their human and data protection rights.

To declare interests in any item on this agenda.

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

To note the adopted procedure for the conduct of business by the Sub-Committee.

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

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:

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 item of business set out below on the grounds that it would 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 were confidential under Section 100(A)(2):

To consider a new application for a Hackney Carriage Driver’s Licence.

The Sub-Committee considered an application for a Private Hire Driver’s Licence from Mr Tacim Dirgen. The three councillors that presided over this item were Councillors J M Whitehouse (Chairman), T Matthews and D Sunger. The Chairman welcomed the applicant and asked the members and officers present to introduce themselves.

The Licensing Compliance Officer, D Houghton informed the Sub-Committee of the circumstances under which the licence could not be dealt with under delegated authority.

The applicant made a short statement in support of his application before answering questions from members of the Sub-Committee. The Chairman requested that everyone, except the Licensing Sub-Committee members and advising officers left the chamber whilst they considered the application.

The Chairman invited the applicant and Licensing Officer back into the chamber and informed the applicant of the Sub-Committee’s decision.

The Chairman advised that during their deliberations in private session they had received advice from officers on the Council’s guidance relating to the offences and that there must be a good reason to departure from this guidance

RESOLVED:

That the application for Hackney Carriage Drivers Licence for Mr Tacim Dirgen was not granted.

To invite 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 application for a Street Trading Consent for El Cafecito Limited, Loughton Club, 8 Station Road, Loughton IG10 4NX under the Licensing Act 2003.

The three Councillors that presided over this application were Councillor J M Whitehouse (Chairman), Councillor T Matthews and Councillor D Stocker. The Chairman welcomed to the meeting Mr Christopher Davies, the applicant. The Chairman asked the members and officers present to introduce themselves and outlined the procedure that would be followed for the determination of the application.

(a)          Application before the Sub-Committee

On the 3 October 2022 an application to the Licensing Department had been made for a Street Trading Consent from Christopher Davies of El Cafecito Limited to trade at The Loughton Club, 8 Station Road, Loughton, Essex IG10 4NX.

The applicant sought to sell hot and cold drinks, pastries, baked goods and snacks from:

            Monday to Friday        07:00 – 16:00hrs;

            Saturday                      09:00 – 15:00hrs; and

            Sunday                        10:00 – 15:00hrs.

There was no requirement in the Local Government Miscellaneous Provisions Act 1982 to carry our any consultation, but the Licencing Authority notified Essex Police, Essex Fire and Rescue Services, Environmental Health, Community Resilience, Essex County Council Highways, Loughton Town Council and the District Council’s Ward Councillors. A public notice was also displayed at the site.

The Authority had received one representation of objection to this application from Loughton Town Council, on the grounds that the proposal would negatively impact on the amenity of the residents of the neighbouring properties due to the cooking odours emitted. They also raised concern for possible noise disturbance from the vehicle engine or generator and that the proposal would encourage litter in the surrounding area.

(b)        Presentation Of the Applicant’s Case

The Applicant, Christopher Davies outlined his application and addressed the concerns of Loughton Town Council’s objections. He advised that the vehicle was a static Citroen H Van which would be situated within the curtilage of The Loughton Club, the serving hatch would face inwards so that people would have to come into the car park for any purchases. There were no cooking facilities only an oven to heat up the baked goods therefore no flue or cooking odours would be emitted. The Loughton Club would supply the electricity and therefore there were no generators or running engines as the vehicle was static and would have to be towed. There would be strategically placed bins on the site and all rubbish would be cleared during and at the end of the day.

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

The Sub-Committee asked the applicant if he would be using environmentally sustainable packaging. Mr Davies advised that he had three permanent shops and advised that he was looking into using environmentally sustainable packaging, he used paper cups and had never used polystyrene.

The Sub-Committee stated that the previous owner had complaints regarding people standing and blocking the pavement and how would Mr Davies address this. Mr Davies advised that was because the serving hatch was up against the small wall and the serving hatch was facing the pavement and therefore people queuing to purchase were queuing on the pavement, his vehicle would be  ...  view the full minutes text for item 60.

To consider the attached application for a variation of an existing Premises Licence for Bonhomie, 14 Forest Drive, Theydon Bois CM16 7EY under the Licensing Act 2003.

The three Councillors that presided over this application were Councillor J M Whitehouse (Chairman), Councillor T Matthews and Councillor D Stocker. The Chairman welcomed to the meeting Mr A Newman (Licensing Agent), Mr C Keen, (Applicant) and Ms C Berry (Director). In attendance objecting to the application was Councillor Peter Gooch (Theydon Bois Parish Council). The Chairman asked the members and officers present to introduce themselves and outlined the procedure that would be followed for the determination of the application.

(a)          Application before the Sub-Committee

An application had been made by Mr Chris Keen, Belgique Theydon Limited, the Premises Licence Holderfor a variation to the existing premises licence at the above premises. The authority received the application on 25 November 2022. The application sets out the varied licensing activities applied for and times requested.

The applicant was requesting to extend the trading hours Monday to Sunday for the following licensable activities:

·       The Provision of Recorded Music Monday to Sunday 08.00 – 22.00hrs (currently Monday to Sunday 08.00 – 18.30hrs)

·       The Provision of Late-Night Refreshment Monday to Sunday 08.00 – 22.00hrs

·       The Sale by Retail of Alcohol Monday to Sunday 08.00 – 22.00hrs on sales only (currently Monday to Sunday 08.00 – 18.00hrs on and off sales)

The Live Music Act 2012 and The Legislative Reform (Entertainment Licensing) Order 2014, brought about deregulatory changes of The Licensing Act 2003 and as such no licence is required for:

• Unamplified live music between 08.00 and 23.00 on any day, on any premises;

• Amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises; and

• Recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500.

The Responsible Authorities received a copy of the application, it was properly advertised at the premises and in a local newspaper. All residences and businesses within 150 meters radius of the premises were individually consulted.

The authority had received 1 representation of objection from Theydon Bois Parish Council objecting to The Prevention of Public Nuisance, The Prevention of Crime and Disorder and The Protection of Children from Harm and protection of the amenity of the residents living above the parade of shops.

There had also been comments submitted by the EFDC Planning Department advising that planning consent would be required for the change in opening hours as at present the premises were not allowed to trade before 08:00hrs Monday to Sunday and after 18:00hrs Monday to Saturday and 15:00hrs on a Sunday. The premises were also to remain closed on public holidays.

(b)        Presentation of the Applicant’s Case

Mr A Newman advised that due to the unprecedented times and local business struggling with the economic climate the Applicant was seeking to vary the conditions of the licence. Mr Keen was the previous Manager of Belgique and run an exemplary business.

Mr Newman then went on to quote Legal and Policy  ...  view the full minutes text for item 61.