Agenda and minutes

Licensing Sub-Committee
Tuesday, 2nd April, 2019 10.00 am

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

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

Note: premises licence transfer and DPS change under the Licensing Act 2003 for Wo Fat, 270-272 High Road, Loughton has now been withdrawn 

Items
No. Item

48.

Declarations of Interest

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

Minutes:

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

49.

Procedure for the Conduct of Business pdf icon PDF 73 KB

Minutes:

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

 

50.

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 as amended & Town & Police Clauses Act 1847 – Driver’s Licence H686– Mr A D Harper

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 – Driver’s Licence H1665– Mr F W  Meads

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:

 

(1) 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):

 

Agenda Item No

 

Subject

 

Exempt Information Paragraph Number

 

5

 

 

 

 

6

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 – Driver’s Licence H686 – A Harper

 

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 – Driver’s Licence H1665 – F Meads

 

1

 

 

 

 

1

 

 

51.

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 - Driver's Licence H686- Mr A Harper

To consider the attached report.

Minutes:

The Sub-Committee considered a review of the current Hackney Carriage Driver’s Licence held by A Harper. The three councillors that presided over this item were Councillor M Sartin (Chairman), Councillor I Hadley and Councillor J Jennings. 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 the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing 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 Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that everyone, except the Licensing Sub-Committee members left the  Chamber whilst they considered the application.

 

The Chairman invited the Applicant, Licensing Officer and Councillor R Morgan 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.

 

            RESOLVED:

 

That no further action be taken as the Sub-Committee were satisfied that the applicant was a fit and proper person to hold a driver’s licence, subject to;

 

(i)            That A Harper be given a verbal warning to ensure any cautions or convictions be immediately report to EFDC Licensing Department; and

(ii)           That A Harper revisits the Council’s Public Hire Licence Application Guidance.

           

           

52.

Local Government (Miscellaneous Provisions) Act 1976 as amended & Town & Police Clauses Act 1847 - Driver's Licence H1665- Mr F Meads

To consider the attached report.

Additional documents:

Minutes:

The Sub-Committee considered a review of the current Hackney Carriage Driver’s Licence held by F Meads. The three councillors that presided over this item were Councillor M Sartin (Chairman), Councillor R Morgan and Councillor J Jennings. 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 the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing 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 Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Sub-Committee, Licensing Manager, Legal Officer and Senior Democratic Services Officer left the Chamber to considered the application.

 

The Sub-Committee returned to the Chamber, with the officers and informed the Applicant of the Sub-Committee’s decision.

 

The Sub-Committee advised F Mead that they had been made aware of the situation around the TfL owned land at Epping Station and that the Sub-Committee had received no legal advice whilst determining the application.

 

 

            RESOLVED:

           

1.    That F Mead receive a formal written warning about his future conduct;

2.    That the Sub-Committee had some concerns about the allegations received; and 

3.    That, if any further allegations occurred they would be taken very seriously and he would be brought back to the Sub-Committee for consideration. 

53.

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 items of business.

54.

Premises Licence Transfer and DPS change under the Licensing Act 2003 for Wo Fat, 270-272 High Road Loughton pdf icon PDF 106 KB

To consider the attached report. (Further background documents to follow).

Additional documents:

Minutes:

The Sub-Committee noted that this application had been withdrawn after the publication of the agenda for the meeting and would not be determined.