Agenda and minutes

Licensing Sub-Committee
Tuesday, 1st October, 2019 10.00 am

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

Contact: R Perrin, Democratic Services (Direct Line 01992 564243)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

25.

Substitute Member

Minutes:

The Sub-Committee noted that Councillor Rolfe would substitute for Councillor Sunger.

26.

Procedure for the Conduct of Business pdf icon PDF 219 KB

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

 

Minutes:

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

27.

Declarations of Interest

To declare interests in any item on this agenda.

Minutes:

Pursuant to the Council’s Code of Conduct, Councillor C P Pond declared a personal interest in item 8 - Application for Premises Licence -  The Hub, 3 The Broadway, Loughton, IG10 2FA by virtue of being married to one of the objectors mentioned within the report. The councillor determined that she would leave the meeting for the consideration of the application and voting.

28.

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

 

5

 

 

 

 

 

 

 

6

Local Government (Miscellaneous Provisions) Act 1976 & Town & Police Clauses Act 1847 –

Application for a Hackney Carriage Driver's LicenceMr A Imudia

 

Local Government (Miscellaneous Provisions) Act 1976 & Town & Police Clauses Act 1847 –

Driver’s Licence H1676 Mr L Street

1

 

 

 

 

 

 

 

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.

 

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.

Minutes:

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 items of business set out below on 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 are confidential under Section 100(A)(2):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

 

5

 

 

 

 

 

 

 

6

Local Government (Miscellaneous Provisions) Act 1976 & Town & Police Clauses Act 1847 –

Application for a Hackney Carriage Driver's LicenceMr A Imudia

 

Local Government (Miscellaneous Provisions) Act 1976 & Town & Police Clauses Act 1847 –

Driver’s Licence H1676 Mr L Street

1

 

 

 

 

 

 

 

1

 

29.

Local Government (Miscellaneous Provisions) Act 1976 & Town & Police Clauses Act 1847 - Application for a Hackney Carriage Driver's Licence - Mr Anthony Imudia

To consider the attached report.

Additional documents:

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence from Mr A Imudia. The three councillors that presided over this item were Councillors Keska (Chairman), C P Pond and J M Whitehouse. Members noted that officers did not have delegated authority to determine this 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, 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 a number of 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 no advice from officers whilst determining the application.

 

            RESOLVED:

 

That the application for Hackney Carriage Drivers Licence be granted, subject to the applicant passing the Council’s knowledge test, as the Sub-Committee were satisfied that the applicant was a fit and proper person to hold a driver’s licence.

30.

Local Government (Miscellaneous Provisions)Act 1976 & Town & Police Clauses Act 1847 - Driver's Licence H1676 Mr L Street

To consider the attached report.

Additional documents:

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence held by Mr L Street. The three councillors that presided over this item were Councillors Keska (Chairman), C P Pond and J M Whitehouse. Members noted that officers did not have delegated authority to determine this 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, 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 why he should retain his licence  before answering a number of 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.

 

During their deliberations the Sub-Committee clarified with the Licensing Compliance Officer that if they revoked the licence, Mr Street would be unable to reapply until 2021.

 

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

 

The Legal Officer had referred members to the Council’s Public Hire Licence Application Guidance.

 

            RESOLVED:

 

            That the Driver’s Licence H1676 – Mr L Street be revoked. 

31.

Inclusion of Public and Press

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

Minutes:

            RESOLVED:

 

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

32.

Application for Premises Licence - The Hub, 3 The Broadway, Loughton, IG10 2FA pdf icon PDF 244 KB

To consider the attached report.

Additional documents:

Minutes:

The three councillors that presided over this application were Councillors P Keska (Chairman), B Rolfe and J M Whitehouse. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee.

 

In attendance on behalf of The Hub, 3 The Broadway, Loughton, IG10 2FA were D Chappell and P Relph.

 

In attendance on behalf of the objectors were D Linnell for Loughton Resident Associations and J Tapfield for the residents of the Landmark House.

 

The Chairman introduced the members and officers present and outlined the procedure that would be followed for the determination of the application.

 

(a)          Application before the Sub-Committee

 

The Licensing Compliance Officer, H Ibrahim introduced the application for a new premises licence at 3 The Broadway, Loughton, IG10 2FA, for The Hub.

 

The application was for the following;

 

Supply of Alcohol (on the premises)

Sunday to Thursday 10:00am-23:00pm

Friday-Saturday 10:00am-00:00pm

 

Live Music

Thursday – Saturday 18:00pm- 23:00pm

Sunday 14:00pm-19:00pm

 

Recorded Music

Sunday-Thursday 10:00am-23:00pm

Friday-Saturday 10:00am-00:00pm.

 

Opening Hours of the Premises (Public)

Monday-Thursday 08:00am-23:30pm

Friday 08:00am-00:30pm

Saturday 09:00am-00:30pm

Sunday 09:00am-23:30pm.

 

The application had been received on the 8 August 2019 and the Operating Schedule set out the conditions that would be attached to the licence, if the application was granted. 

 

The responsible authorities had received a copy of the application. It had been advertised at the premises, in a local newspaper and all residences and businesses within 150 meters radius of the premises had been individually consulted.

 

The authority had received seventeen representations which included Councillors C.C Pond and M Owen, M Richardson from the Councils Environmental Enforcement Service, Loughton Town Council, Loughton Residents Association and a number of local residents. The objections related to the prevention of crime and disorder, prevention of public safety, prevention of public nuisance and the protection of children from harm. Responses had also been received from the Essex Police which had been incorporated and agreed with the applicant. There had been no objections from the Essex Fire Service and Environmental Health.

 

(b)          Presentation of the Applicant’s Case

 

The Applicant, D Chappell advised that the premises mirrored an application that had been submitted last year for 32 Barrington Green, Loughton which had been granted permission. Unfortunately there had been loading issues which had prevented the premises going ahead. She advised that in working with the Council’s Estate Team and Higgins, they had been offered this premises as alternative.

 

The premises had been fitted with fixed double glazed windows at the front with a two door system to prevent noise escaping and was full air conditioned. The sound system would also be controlled by the staff behind the bar. The recorded music would be predominately played with live music scheduled for special occasions and would only be a DJ or singer.

 

(c)          Questions to the Applicant

 

The objectors asked how the outside seating arrangements would work. The applicant advised that the outside seating area would be removed at 21.00 and only two tables would remain outside for ash trays. Customers would not  ...  view the full minutes text for item 32.