Agenda and minutes

Licensing Sub-Committee
Tuesday, 7th March, 2017 10.00 am

Venue: Council Chamber - Civic Offices. View directions

Contact: Gary Woodhall (Direct Line 01992 564470)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

50.

Declarations of Interest

(Director of Governance) To declare interests in any item on this agenda.

Minutes:

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

51.

Procedure for the Conduct of Business pdf icon PDF 126 KB

(Director of Neighbourhoods) To note the Terms of Reference and Conduct of Business, as attached.

Minutes:

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

52.

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

Hackney Carriage Driver’s Licence – Mr A Rowmon

1

5a

Hackney Carriage Driver’s Licence – Mr N Ali

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:

 

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

 

Agenda Item

Subject

Paragraph Number

5

Hackney Carriage Driver’s Licence – Mr A Rowmon

1

5.a

Hackney Carriage Driver’s Licence – Mr N Ali

1

 

53.

Hackney Carriage Driver's Licence - Mr A Rowmon

(Director of Neighbourhoods) To consider the attached restricted report.

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr A Rowmon. The three Councillors that presided over this item were Cllr B Surtees (Chairman), Cllr A Lion and Cllr C P Pond. 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 Licensing Manager informed the Sub-Committee of the circumstances under which the Licence could not be issued 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 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 considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

Resolved:

 

(1)        That the application for a Hackney Carriage Driver’s Licence by Mr A Rowmon be granted; and

 

(2)        That the Applicant be given a verbal warning regarding his future conduct.

54.

Hackney Carriage Driver's Licence - Mr N Ali

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered a possible suspension or revocation of the Hackney Carriage Driver’s Licence held by Mr N Ali. The three Councillors that presided over this item were Cllr B Surtees (Chairman), Cllr A Lion and Cllr C P Pond. Members noted that Officers did not have delegated powers to determine this issue 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 Manager informed the Sub-Committee of the circumstances under which the Licence could not be determined under delegated authority.

 

The Applicant made a short statement in support of his case 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 considered the issue.

 

The Sub-Committee noted that the Applicant’s Licence had already been suspended for one month since the previous meeting of the Sub-Committee, held on 7 February 2017. The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

Resolved:

 

(1)        That the Hackney Carriage Driver’s Licence for Mr N Ali (H1103) be reinstated; and

 

(2)        That a strong written warning be given as to Mr Ali’s future conduct in relation to the requirement of Licensing Policy and the need to safeguard the public.

55.

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.

56.

Street Trading Consent - Palm Bay Caribbean, The Broadway, Debden pdf icon PDF 115 KB

(Director of Neighbourhoods) To consider the attached report.

Additional documents:

Minutes:

The three Councillors that presided over this item were Cllrs B Surtees (Chairman), A Lion and C P Pond. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application was Mr L Campbell, the applicant; there were no objectors in attendance. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

 

The Application before the Sub-Committee

 

The Licensing Manager informed the Sub-Committee that an application for a Street Trading Consent had been received from Mr L Campbell for a stall at The Broadway in Loughton, trading as Palm Bay Caribbean. The application requested permission to sell Caribbean food and soft drinks between 10.00am and 4.00pm on Tuesdays and Fridays, and between 10.00am and 3.00pm on Saturdays. It was noted that the applicant already traded at this location every Thursday as part of the regular weekly market in The Broadway. Following a public consultation exercise on the application, both Essex Police and Loughton Town Council stated that they had no objections to the application.

 

Presentation of the Applicant’s Case

 

The Applicant, Mr Campbell, made a short presentation in support of his application. The Applicant stated that he was already trading in the area on a Thursday as part of the Market, and he simply wanted to extend the number of days that he could trade at this location. The Applicant highlighted to the Committee that no objections had been received to his application.

 

Questions for the Applicant from the Sub-Committee

 

In response to questions from the Sub-Committee, Mr Campbell explained that he would park the Catering Trailer on site and then park his car in a nearby garage. Mr Campbell also confirmed that the application was requesting consent to trade on Tuesdays, Fridays and Saturdays as he already traded at the location on a Thursday as part of The Broadway Market.

 

The Licensing Manager reminded the Sub-Committee that it was granting consent to trade in the whole street and not a particular pitch on that street. It was also highlighted that no response had been received from Essex Highways concerning the application.

 

Applicant’s Closing Statement

 

The Applicant made a short statement in support of his application and requested that the Committee grant his application for a Street Trading Consent in The Broadway.

 

Consideration of the Application by the Sub-Committee

 

The Chairman requested that the Applicant leave the Chamber whilst the Sub-Committee considered the application in private. The Sub-Committee received no further advice from the Officers present, and noted that there had been no objections received in relation to the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

Resolved:

 

(1)        That the application for a Street Trading Consent by Mr L Campbell for a Caribbean Food and Soft Drinks stall at The Broadway in Loughton be granted, subject to the Council’s standard conditions for a Street Trading Consent and  ...  view the full minutes text for item 56.

57.

Adjournment

Minutes:

The Chairman adjourned the meeting at 11.20am for a short comfort break.

 

The Chairman reconvened the meeting at 11.30am.

58.

Summary Review of Premises Licence - Nu Bar, 153 High Road, Loughton pdf icon PDF 98 KB

(Director of Neighbourhoods) To consider the attached report.

Additional documents:

Minutes:

The three Councillors that presided over this item were Cllrs B Surtees (Chairman), A Lion and C P Pond. The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the premises were: Mr M Phipps, Solicitor for Greene King Retailing Limited; and Mr M O’Connor of Greene King Retailing Limited. In attendance on behalf of Essex Police were: P Jones; G Ashford; and J Nash. In attendance on behalf of the Licensing Authority was Mr J Nolan and Mrs N Clark. There were no Objectors in attendance. The Chairman then introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the review.

 

The Application before the Sub-Committee

 

The Licensing Manager stated that Essex Police had made an application for a Summary Review of the Premises Licence issued to Nu Bar at 153 High Road, Loughton on 9 February 2017, under Section 53A of the Licensing Act 2003. It was the opinion of Essex Police that the Premises were associated with serious crime and serious disorder. Within 48 hours of receiving the application from Essex Police, the Council as the Licensing Authority had agreed to suspend the Premises Licence until a full review hearing could be scheduled. This meeting represented the full review hearing and the Sub-Committee was tasked with determining the future of the Premises Licence.

 

Mr P Jones of Essex Police reported that this was the second review of the Premises Licence undertaken during the last twelve months, with the previous review having been considered in May 2016. The application to suspend the Premises Licence had resulted from incidents that occurred on the night of 4/5 February 2017 where there was suspected admittance of patrons after the permitted hours, and a suspected fight within the Premises at approximately 1.15am resulting in injuries which required paramedical attention. Consequently, Essex Police was requesting the removal of the Designated Premises Supervisor and the agreement of the following proposed hours of operation for the Premises:

 

(a)        Opening Hours Monday to Sunday 8.00am to 11.30pm;

 

(b)        Sale of Alcohol & Recorded Music 11.00am to 11.00pm;

 

(c)        Seasonal variations for Sale of Alcohol & Recorded Music to be 12.00am, 1.00am on New Year’s Eve; and

 

(d)        Seasonal variations for Opening Hours to be 12.30am, 1.30am on New Year’s Eve.

 

In addition, Essex Police was also requesting the imposition of 22 new conditions on the Licence.

 

Presentation of the Premises’ Case

 

Mr M Phipps, representing Greene King, informed the Sub-Committee that the evidence submitted by Essex Police, and the letters submitted to the Review Hearing, made sorry reading and gave a poor impression of Greene King – which was highly unusual. Greene King entirely accepted the evidence provided by the Police, offered no challenge to it, and accepted that there had been a flagrant disregard of the Licence conditions at the Premises. Greene King had been striving to remove the Operator and regain possession of the Premises, and this had been  ...  view the full minutes text for item 58.