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 Code of Member Conduct.

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

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

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 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 were confidential under Section 100(A)(2):

To consider the attached report for a new application of a Hackney Carriage Driver’s Licence.

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence from Mr A W Leggett. The three Councillors which presided over this item were Councillors: R Morgan (Chairman); A Lion; and J M Whitehouse. The Sub-Committee noted that Officers did not have the necessary delegated authority and, as a result, this application had to be considered by the Sub-Committee.

The Chairman informed the Sub-Committee that Mr Leggett had phoned this morning to say he could not attend and that this was the third Sub-Committee that he had not attended and it was decided to proceed without Mr Leggett being in attendance. 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 Officers and Members back into the meeting. The Chairman advised the participants of the Sub-Committee’s decision. The Chairman also advised that the Sub-Committee had received no additional advice from Officers during their deliberations in private session.

RESOLVED:

That the decision of this Sub-Committee was that the Licence shall not be granted.

In the absence of the applicant and despite being given three opportunities to attend, this Licensing Sub-Committee felt that they did not have an opportunity to seek clarification on a number of points and therefore could not be satisfied that the applicant met the required test.

The applicant is reminded of his/her right of appeal to the Magistrates' Court within 21 days of the date of the written notification of this decision.

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 an application for a new Premises Licence under the Licensing Act 2003 for Unit K The Maltings, Station Road, Sawbridgeworth, Essex CM21 9JX.

The three Councillors that presided over this application were Councillors R Morgan (Chairman), A Lion and J M Whitehouse. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee.

In attendance for the application was the applicant Mr Daniel Potter.

There were no objectors present.

The Chairman then 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

An application was made by Daniel Potter for a new premises licence at The Gallery, Unit K, The Maltings, Station Road, Sawbridgeworth, Essex CM21 9JX. The application was for the following activities.

·     Provision of Live Music

Friday to Saturday                   18:00 to 23:00

Sunday                                    12:00 to 22:00

·       Provision of Recorded Music

Monday to Tuesday                10:00 to 17:00

Wednesday and Sunday        10:00 to 22:00

Thursday to Saturday             10:00 to 23:00

·       Sale by Retail of Alcohol (on and off sales)

Monday to Tuesday                12:00 to 17:00

Wednesday and Sunday        12:00 to 22:00

Thursday to Saturday             12:00 to 23:00

·     Non-standard timings

Summer Bank Holiday in August where there was a possibility that live music will take place.

Easter Monday and May Bank Holiday12:00 to 23:00.

Live Music Christmas Eve and New Year’s Eve until 00.30am.

Recorded Music may be extended on Christmas Eve and New Year’s Eve with the use of a DJ.

Sale by Retail of Alcohol may be extended on Christmas Eve and New Year’s Eve to 00.30am.

Opening Times may be extended on Christmas Eve and New Year’s Eve to 01.00am.

Opening Times requested, Monday to Tuesday 10.00 – 17.00 Wednesday and Sunday 10.00 – 22.00 Thursday to Saturday 10.00 – 23.00.

The application was received on 22 July 2022. The Operating Schedule set out conditions that would be attached to the licence if this application was granted.

The Responsible Authorities had all received a copy of the application. It was also advertised at the premises and in a local newspaper. The public notice and newspaper advert were attached in the agenda report. All residences and businesses within 150 metre radius of the premises were individually consulted.

The authority had received seven representations of objection from two residents and five nearby businesses, which were detailed in the agenda report. The objections related to public safety and the prevention of public nuisance. Also included in the agenda report were conditions that were agreed with Essex Police. Essex Fire and Rescue responded and advised that they did not propose to carry out an inspection at this present time.

(b)           Presentation of the Applicant’s case

The applicant, Mr D Potter outlined his application and advised that The Maltings was essentially an antiques hub and he had been occupying a unit in there for the last two years. An opportunity arose where Unit K became available and he consulted with local residents and businesses who offered him encouragement and support for his new business venture.

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

The Sub-Committee asked  ...  view the full minutes text for item 17.

To consider an application for a new Premises Licence under the Licensing Act 2003, Crooked Billet, Middle Street, Nazeing, EN9 2LD.

The three Councillors that presided over this application were Councillors R Morgan (Chairman), S Heather and J M Whitehouse. The Chairman welcomed the participants and requested that they introduced themselves to the Sub-Committee.

In attendance for Essex Police was Kelsey Dott.

In attendance on behalf of the application was Raymond Bell. the Applicant, Andy Newman, Consultant, Kerry Feelan, DPS. There were also supporters present Duncan Kenworthy, Leslie Burrows, Michael Cooper-Bland, Peter Sandel and Councillor Rhonda Pugsley representing Councillor Richard Bassett.

In attendance objecting to the application was Jeff Power, Cheryl Power, Ann Allan, Alex Kiriakou, Katherine Picknell, Claire Chivers and Susan May speaking on behalf of Senara Hussain, Kerry May, Nellie Patterson and Russell May.

The Chairman then 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

An application was made by White Bear Taverns Limited for a new premises licence in respect of the Crooked Billet, Middle Street, Nazeing, Essex EN9 2LD. The previous licence had lapsed owing to the death of the licence holder and an application to transfer the licence was not utilised in time, hence this new application. The application was for the following licensing activities:

·     The performance of live music to take place indoors & outdoors:

Friday to Saturday 23:00 to 23:59

·     The playing of recorded music to take place indoors & outdoors:

Monday to Thursday 23:00 to 23:59

Friday to Saturday 23:00 to 00:30

Sunday 23:00 to 23:30

·     The provision of late-night refreshment to take place indoors & outdoors:

Monday to Thursday 23:00 to 23:59

Friday to Saturday 23:00 to 1:00

Sunday 23:00 to 23:59

·     The supply of alcohol for consumption both on and off the premises: 

Monday to Thursday 11:00 to 23:59

Friday to Saturday 11:00 to 01:00

Sunday 12:00 to 23:59

·     The opening hours being:

Monday to Thursday 11:00 to 00:30

Friday to Saturday 11:00 to 01:30

Sunday 12:00 to 00:30

·     An additional hour Friday, Saturday, Sunday and Monday of every bank holiday, Christmas eve and boxing day.

During the consultation period Essex Police proposed some additional conditions (see exhibit) and the following operational changes which were agreed by the applicant:

·     Outside area to close by 23:30

·     Licensable activities will cease at 23:00 on Sundays

·     The pub will close at 00:00 on Sundays

·     Outside music (live/recorded) will cease at 23:00

·     Except when being used for entry or egress by a patron, all external windows and doors shall be kept shut at all times when music was being played.

Anonymised versions of representations received from residents were shared with the applicant. In response to the concerns raised within those representations, the applicant informed us of his willingness to work with residents to address those concerns.

In the hope to achieve an amicable resolution, the applicant subsequently offered the following changes, in addition to those agreed with Essex Police:

·     The pub will close at 00:30 on Fridays and Saturdays

Whilst some representations were withdrawn following the changes, some remained.

Please note  ...  view the full minutes text for item 18.