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

While the Licensing Sub-Committee considered a new application for a Hackney Carriage Drivers' Licence from Mr A Azam, the webcast was paused for its duration. The three councillors that presided over this item were Councillors C P Pond (Chairman), B Rolfe and M Sartin. Members noted that officers did not have delegated powers to determine this licence review and, as a result, the application had to be considered by this Sub-Committee.

The Chairman welcomed the applicant and introduced the members and officers present. The Licensing Compliance Officer 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 the Sub-Committee. The Chairman requested that everyone, except the Sub-Committee members and advising officers left the Chamber whilst they considered the application.

The Chairman invited the applicant, Licensing Compliance Officer and Councillor J M Whitehouse back into the Chamber and informed the applicant of the Sub-Committee’s decision.

The Chairman advised that they had received no legal advice whilst determining the application. The application had been treated on its own merits and the Sub-Committee had taken its decision based upon the relevant representations received, the information given in the report and the Council’s policies.

RESOLVED:

(1)           That the licence shall be granted for a period of three years, subject to the applicant passing the Council’s knowledge test.

(2)           That the Sub-Committee was satisfied having considered the information before it at the hearing that the applicant was a fit and proper person to hold a hackney carriage driver’s licence.

(3)           That the applicant had held a full motor car driving licence for at least 12 months prior to the application.

(4)           That any further offences could lead to the hackney carriage licence being revoked.

The applicant was reminded of his 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 the attached application for a new premises licence under the Licensing Act 2003.

The three councillors that presided over this application were Councillors C P Pond (Chairman), B Rolfe and J M Whitehouse. The Chairman welcomed to the meeting Mr Mr Lee Newton, the applicant and Mr Manos Filaitis, the designated premises supervisor (DPS). Mr J Stratford (representing his daughter Ms E Stratford) was attending as an objector to this application. Essex Police Licensing Officer, K Dott, was also present. 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

An application was made by TD&H Restaurants Ltd for a new premises licence at Tom Dick & Harry’s, 153 High Road, Loughton IG10 4LF. The application was for the licensing activities detailed in the agenda report.

The application was received on 8 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 meters radius of the premises were individually consulted.

The authority had received eighteen representations of objection from residents, Loughton Residents Association Plans Group and Loughton Town Council, which were detailed in the agenda report and included conditions agreed with Essex Police and the Council's Community Resilience Team. The objections related to the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

(b)           Presentation of the Applicant’s case

Mr L Newton, the applicant outlined his application and that he was applying for an extra thirty minutes on the Thursday to Saturday timings to cover three sittings to increase income as costs had escalated greatly with the current economic crisis, for example with the rising electricity prices. Although the previous nightclub, NuBar, had closed six years ago, when Tom, Dick & Harry’s restaurant opened four years ago, it took over many restrictions from the former establishment. The restaurant featured in the Michelin guide. The customers it served were local and of all ages as it welcomed families but during the evening most diners were aged over fifty. People dined in and outside the restaurant, as the outside frontage was shared by Gods Own Pizza, which he owned next door. All meals and drinks were served by waiters. There had been no public disorder or anti-social behaviour with only one complaint received about the noise from a private party. The DPS, M Filaitis, had twelve years’ experience with no complaints. Mr L Newton stated that he had looked at all the objectors’ letters and remarked that comments about bottles and cans being in residents’ properties had not come from Tom, Dick & Harry’s because all drinks were served in glasses and parking was provided at the premises, which was used by its customers.

(c)           Questions for the Applicant  ...  view the full minutes text for item 25.

To consider the attached application for a new Premises Licence under the Licensing Act 2003.

The three councillors that presided over this application were Councillors C P Pond (Chairman), M Sartin and J M Whitehouse. The Chairman welcomed to the meeting Mr Sazzad Ullah, the applicant and premises supervisor. Ms A Jones, Stanford Rivers Parish Council Clerk, was present as an objector. Essex Police Licensing Officer, K Dott, was also present. 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 application was for a new premises licence at Toot Hill Golf Club, School Road, Ongar CM5 9PU and was for the following licensing activities:

·     Provision of Live Music

Monday to Sunday 17.00 – 00.00am

·     Provision of Recorded Music

Monday to Sunday 12.00 – 00.00am

·     Sale by Retail of Alcohol

Monday to Sunday 12.00 – 00.00am On and Off sales

·     Opening Times requested

Monday to Sunday 12.00 – 00.00am

The application was received on 6 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 meters radius of the premises were individually consulted. The previous surrendered licence had also been detailed in the agenda report.

The authority had received one representation of objection from Stanford Rivers Parish Council. The objection related to crime and disorder and the prevention of public nuisance. Also included in the agenda report was a response from Essex Police with recommendations and conditions, which had been agreed with the applicant, and a general letter from Essex Fire and Rescue.

(b)           Presentation of the Applicant’s case

Mr S Ullah outlined his application and stated that he had been in business for fifteen years. He considered the application was reasonable as there were no directly adjacent neighbours. He had applied for off sales, so that customers eating there could take home any of their excess wine. However, people would not be allowed to come into the premises just to buy alcohol, only those people dining could purchase alcohol. He wanted to work with everyone and was willing to listen to the police. 

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

The Sub-Committee queried if off sales was necessary to permit people to take home unfinished wine? Mr Ullah replied that it was a necessary requirement.

The Sub-Committee sought clarification on where the restaurant would be situated, and would the premises be leased? Mr Ullah answered that the restaurant would be located inside the actual clubhouse, which he would be leasing.

The Sub-Committee asked the applicant if he wanted late night refreshments to be licensed until midnight? The Licensing Compliance Officer, D Houghton, advised that the applicant could have this to 23.00 only. Mr Ullah stated he wanted to have refreshments until 23.00 but  ...  view the full minutes text for item 26.