Agenda and minutes

Licensing Sub Committee
Tuesday, 6th November, 2012 10.00 am

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: M Jenkins (Direct Line 01992 564607)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

34.

Declarations of Interest

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

Minutes:

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

35.

Procedure for the Conduct of Business pdf icon PDF 35 KB

Minutes:

The Sub-Committee noted the agreed procedure for the Conduct of Business, and the Terms of Reference.

36.

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

6

Application for a Hackney Carriage Driver’s Licence – Mr Azizi

1

7

Application for a Hackney Carriage Driver’s Licence – Mr S Zaman

1

8

Application for a Hackney Carriage Driver’s Licence – Mr N Rumel

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.

 

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

 

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

 

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

 

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

 

Background Papers:  Paragraph 8 of the 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 (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

 

Inspection of background papers may be arranged by contacting the officer responsible for the item.

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 item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

 

Agenda                                                                                   Exempt Information

Item No           Subject                                                           Paragraph Number

 

     6                 Hackney Carriage Driver’s Licence ­–                         1

                        Mr Azizi

 

     7                 Hackney Carriage Driver’s Licence ­–                         1

                        Mr Shamsul Zaman

 

     8                 Hackney Carriage Driver’s Licence ­–                         1

                        Mr Nazmul Rumel

 

37.

Application for a Hackney Carriage Driver's Licence - Mr Azizi

(Director of Corporate Support Services) To consider the attached report.

Minutes:

The Sub-Committee considered an application by Mr Azizi for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs G Shiell and 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 introduced the members and officers present. The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

 

The applicant made a short statement to the Sub-Committee 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 debated the application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

RESOLVED:

 

(1)        That the application by Mr Azizi for a Hackney Carriage Driver’s Licence be refused as he did not meet the Council’s Licensing Criteria in respect of his record from the Criminal Records Bureau which had revealed serious recent driving offences.

38.

Application for a Hackney Carriage Driver's Licence - Mr S Zaman

(Director of Corporate Support Services) To consider the attached report.

 

Minutes:

The Sub-Committee considered an application by Mr S Zaman for a Hackney Carriage Driver’s Licence. However the applicant was not present, and the Sub-Committee decided to defer the application.

 

            RESOLVED:

 

            (1)        That the application by Mr S Zaman for a Hackney Carriage Driver’s Licence be deferred to the next Licensing Sub-Committee.

39.

Application for a Hackney Carriage Driver's Licence - Mr N Rumel

(Director of Corporate Support Services) To consider the attached report.

 

Minutes:

The Sub-Committee considered an application by Mr N Rumel for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, Mrs R Gadsby and 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 introduced the members and officers present. The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

 

The applicant made a short statement to the Sub-Committee 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 debated this application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

RESOLVED:

 

(1)        That a Hackney Carriage Driver’s Licence be granted to Mr N Rumel, subject to the Council’s standard terms and conditions.

 

40.

Inclusion of public and press

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

Minutes:

RESOLVED:

 

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

41.

Application for Grant of a Sex Establishment Licence-shop - Fifty Ways, 105 Epping New Road, Buckhurst Hill, Essex IG9 5TQ. (Local Government (Miscellaneous Provisions) Act 1982) pdf icon PDF 96 KB

(Director of Corporate Support Services) To consider the attached report.

 

Additional documents:

Minutes:

The Members who presided over the application were Councillors R Morgan, Mrs R Gadsby and A Lion.

 

The Chairman welcomed the participant and introduced the Members and Officers present and requested the participant introduce himself to the Sub-Committee. In attendance was Mr N Bowerbank, the applicant. There were no objectors in attendance.

 

The Chairman outlined the procedure that would be followed for the determination of the application.

 

(a)        The Application before the Sub-Committee

 

The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee that an application had been received for a Sex Establishment Licence – Shop, Fifty Ways, 105 Epping New Road, Buckhurst Hill, Essex IG9 5TQ.

 

A number of objections had been received from local residents.

 

It was noted that Essex Police, Essex County Fire and rescue, Essex County Council Trading Standards and the Authority’s Environment and Street Scene were not making any representations.

 

(b)       Presentation of the Applicant’s Case

 

The applicant stated, the retail shop had been there since 1976. To his knowledge there had never been any complaints in any form regarding the premises and the retail trade that was carried out there. The applicant purchased the lease of the retail shop in 1996. In 2001 a licence to sell R18 DVD’s was granted and in 2008 the applicant sold the business to his son. In May 2012 the company, under the ownership of his son, went into liquidation. The applicant then purchased the assets of the liquidated company.

 

There had been confusion when the public notice was published, the applicant stated that the premises would not be used as a sex cinema or a sex encounter establishment, an error on the application form had now been rectified. The applicant advised he had approximately 28-32 customers visited the premises over the week, the opening hours would be 10:00 to 18:00 hours Tuesday to Saturday inclusive. The principle trade being the sale of lingerie, dresses, hosiery, shoes, boots, slippers, leather, rubber, pvc clothing, marital aids and R18 DVD’s.

 

The applicant provided a rough sketch of the premises and described the layout:

 

·                The shop window was plate glass and the display would consist of clothing, footwear and lingerie.

 

·                The front of the shop would display clothing, footwear and lingerie. There was a floor to ceiling partition with an open doorway leading to the back of the shop.

 

·                The back of the shop would display the marital aids and R18 DVD’s.

 

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

 

The applicant was asked who the four directors were, he explained Mrs Joy was now his wife, Miss Bowerbank was his daughter, Mr Pierpoint was the Legal Secretary and himself, Mr N Bowerbank.

 

The name of the premises was discussed. Mr Bowerbank explained his Limited Company name was Midnight Lady Limited, the premises at 105 Epping New Road had been trading as Michelle Fashions, the applicant wished to update the by changing it to Fifty Ways. He also advised that if there was a problem with the name  ...  view the full minutes text for item 41.

42.

Application for a Late Night Refreshment Premises Licence - Papa Johns, 268 High Road, Loughton, Essex IG10 1RB. (Licensing Act 2003) pdf icon PDF 87 KB

(Director of Corporate Support Services) To consider the attached report.

 

Additional documents:

Minutes:

The Members who presided over the application were Councillors R Morgan, Mrs G Shiell and A Lion.

 

The Chairman welcomed the participant and introduced the Members and Officers present and requested the participant introduce himself to the Sub-Committee. In attendance was Mr S Bokari the owner of K & T Loughton Limited t/a Papa Johns. In attendance as an objector was Mr D Linnell from the Loughton Residents Association Plans Group.

 

The Chairman outlined the procedure that would be followed for the determination of the application.

 

(a)        The Application before the Sub-Committee

 

The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee that an application had been received from K & T Loughton Limited t/a Papa Johns for a Late Night Refreshment Premises Licence under the Licensing Act 2003. The application was for the provision of a late night refreshment licence between 23:00 to 01:00 hours Monday to Sunday.

 

Objections had been received from Loughton Town Council and Loughton Residents Association Plans Group.

 

(b)       Presentation of the Applicant’s Case

 

The applicant said that at present they were open until 23:00 hours. Other premises, such as Domino’s, two doors away, had been granted a late night refreshment premises licence until 01:00 hours. Other establishments in Loughton were open until 01:00 or 02:00 hours. The reasons for the extension were to allow for cleaning and home deliveries and to make the business more competitive.

 

(c)        Questions from the Sub-Committee

 

Councillor A Lion asked that assuming the premises were open until 01:00 hours would customers come into the shop and if so, how many did he estimate would come in between 23:00 and 01:00 hours?

 

The applicant replied that customers would be able to come in for food and that approximately 15 customers on Friday and Saturday evening but less during the week.

 

Councillor A Lion asked if the applicant could foresee any customers that would have been drinking alcohol making a nuisance of themselves?

 

The applicant replied that they did walk past and were loud. Customers asking for pizzas were served as quickly as possible and moved on.

 

Councillor Mrs G Shiell asked were the applicants aware of any problems that Domino’s may have had with nuisance customers? The applicant replied that he was not aware of any problems.

 

(d)       Questions from the Objectors

 

Mr Linnell asked how many home deliveries were expected to be made between the hours of 23:00 to 01:00 hours? The applicant replied during the weekend approximately 10-20 deliveries were made each evening, during the week there would be a lot less.

 

Mr Linnell asked how many deliveries per trip would be made? The applicant replied 1 or 2 per trip?

 

The objector suggested that there would be unacceptable noise levels due to deliveries being made by car with engine start ups, driving off and returning, perhaps five times in a short period.

 

The applicant replied that they had learnt from other peoples mistakes and kept the street clean and tidy. He was aware of neighbours and kept as  ...  view the full minutes text for item 42.