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.

It was noted that Councillor Jon Whitehouse was substituting for Councillor D Stocker.

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 Drivers' Licence.

The Sub-Committee considered an application for an application for a Hackney Carriage Driver's Licence from Mr R Parkinson. The three councillors that presided over this item were Councillors R Morgan (Chairman), M Sartin and J M Whitehouse. 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 leave 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.

RESOLVED:

That the application for Hackney Carriage Drivers Licence for Mr R Parkinson 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 an application for a new Premises Licence under the Licensing Act 2003.

The three Councillors that presided over this application were Councillors R Morgan (Chairman), M Sartin 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 Gulcan Pelut and her agent Dilek Alagoz.

There were no objectors present.

(a)            Application before the Sub-Committee

An application has been made by Gulcan Pelut, for a new premises licence at 275 High Street Epping Essex CM16 4DA.

The application is for the following licensing activities:

The Provision of Late Night Refreshment

Sunday to Thursday 23.00 – 23.30, Friday to Saturday 23.00 – 00.30

o          The Sale by Retail of Alcohol

o          Sunday to Thursday 11.30 – 23.00, Friday and Saturday 11.30 – 00.00am

o          Alcohol for consumption with food only        

The application was received and valid on the 20th January 2023

All Responsible Authorities had received a copy of the application, it had also been 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 has received 2 representations of objection 1 from a local business and 1 from a local resident. Subsequently the objection from the local business had been withdrawn.

Comments from the Planning department are included below, the applicant had subsequently agreed to the reduction of hours as per the restricted planning condition below:

It appears that this premises is subject to a planning condition restricting the hours of use between 08:00 to 22:00 M-F, 08:00 to 23:00 Sat and 08:00 to 21:00 Sun and BH

(cond 6 of EPF/1245/21), so they will need to apply to vary this condition if they want to open later.

The applicant had also agreed to the conditions set by Essex Police

(b)           Presentation of the Applicant’s case

The applicant’s Agent, D Alagoz explained that they had not known about the Planning conditions but were happy to comply with them and have matched their hours with these conditions and have apprised the two objectors of their new hours applied for.

(c)            Questions for the Applicant

In response to questions from the Sub-Committee the applicant responded:

·       She had been in the industry for more than 25 years and knew what was needed in terms of training of staff etc.;

·       She also has two other restaurants that she also manages;

·       The restaurant has a back entrance, but they use the front doors as their fire exit as the back was too narrow;

·       Their alcohol serving hours would be the same as the planning conditioned hours; and

·       Alcohol to be served with food inside the restaurant only.

(d)        Closing statements

The relevant officers and the applicant had nothing further to add.

(e)        Consideration of the Application by the Sub-Committee

The Chairman advised that the Sub-Committee would go into private deliberations to consider the application.

The Sub-Committee considered what was appropriate to promote the four licensing objectives and the relevant parts of the Council’s  ...  view the full minutes text for item 74.